Escrow account13 Jul 2023 10:29
Morning all,
RKH have submitted their proposals and if I'm reading it correctly, the stay is lifted pending documents are sent to Italy and Italy have within 5 working days thereafter to object.
I think the account is more than likely set up, if not, it can be set up within 30 days, though having submitted proposals to the panel , I expect this is a formality.
When and if Italy object to any proposal relating to the arrangement for the escrow account ONLY ,it still allows RKH to amend the setup easily.
The stay is as good as lifted, this would allow RKH to sell on the award on a firmer footing and a higher return were the stay not lifted.
I believe what this also does is put Italy in a poor negotiating position going forward were RKH to sell the award.
IF, RKH were to sell the award and the process is 18 months long whilst attracting interest at 1m euro per month, the award would be well north of the 250m it is now , plus likely legal costs piling up .
So, were RKH to "announce" that they would consider selling the award to an entity, that entity would very likely to be more than happy to draw out the proceedings till the very last, they would be in no rush with interest piling up every month, the overall cost to Italy then would be much higher than the actual award as it stands .
This is one possible way to speed up any settlement.
This leaves RKH in a position to play hard ball in any negotiation , either with Italy or those wanting to buy the award.
RKH lawyers have proved to be very smart and this is standard tactics in arbitration to obstruct and delay. They would and should be ahead in their plans to extract the maximum award now.
The funders , Harbour , will themselves likely make an offer now the stay is lifted as they are also fully aware of the basis of Italy's annulment request. This would create some competing bids for the award and leave RKH in a position of strength .
I guesstimate there will be more news between 10 and 30 working days from now.
GLA