RE: OM outcome5 Oct 2021 18:39
Hi Cyan2,
I would very much doubt Harbour would not have planned for this contingency from day 1, they would obviously like the extra insurance of settlement via the use of these specialists and in addition to the sales sales pitch they are correct in what they say. It's better they are on board from day 1 , then after the award. It's a well used tactic by the state, so nothing new now , litigators and for that matter ICSID are wise to it.
If you have not got this service included then there would be "chanllenging " issues , which would take time
If I were Harbour and putting in at my own risk the sums involved in the litigation , then it would be professionally negligent of me to not foresee that the chances of the state declaring that they cannot pay and that the tribunal stay the award and RKH wait (forever in instances ) while it sorts out it's finances.
I would make sure that any legal means to escape are covered entirely.
Re the De comm for the dock , most likely Harbour will have to pay their share when exiting , but RKH are still the owners of the license, so no need for de comm costs now , unless FIG want it dismantled even as the other dock is nearing the end of its life. I'm sure at some stage we will hear more on this and with greater clarity.