RE: Om Mani - Padme Hum13 Jun 2023 05:26
In practical terms the escrow question may hardly matter as the likelihood of actual money hitting the account before annulment is decidied is remote. Don't see that the escrow would affect any sale of the award.
Is it right right that the stay/escrow is, inevitably, being decided by the same ad hoc committee that is deciding the annulment? Think so. In which case the committee has no incentive to watch its back on the jurisdiction argument in the course of its handling of the case. If Italy is not cooperating at this stage as part of building its jurisdiction argument then it is truly shooting itself in the foot.
Perhaps someone might kindly remind them there's no such thing as an annulment of an annulment decision!
It remains a possibility, in principle, that they're not cooperating with a view to raising jurisdiction in future attempts to contest enforcement. If so, it means they've already thrown in the towel. They'd be diminishing whatever chances they have here in return for a notional crumb at the enforcement stage.