RE: Italian Job!26 Jul 2021 23:18
I do wish people would stick to the issues and not make irrelevant things up.
I'm not saying that in this case there is necessarily any due diligence (DD) argument against RKH, I was merely trying to explain the process, which has nothing to do with criminals bashing people over the head with baseball bats as CTS was suggesting.
The Italians will probably have tried to make out that RKH didn't do a thorough DD job. Maybe they told the tribunal that they made everything known to RKH, who didn't pay attention, or take enough notice. They may have tried to convince the tribunal that, just like a child who must have a new toy, RKH went ahead with the contract despite all their (the Italians) warnings. Even if they have succeeded, the maximum reduction in award would be 50% and not the "completely release the Italian Government from its duty to abide by the treaty" as stated by Phil64.
At the other end of the spectrum, RHK may have done a brilliant DD job, asking all the right questions and the Italians (just like Arfur Daley) might have lied through their teeth, telling RKH what a brilliant deal it was, with no worries - we just don't know, but hopefully the tribunal will have got to the bottom of it all.
Just to repeat myself, there IS a DD component to the process, which can result in up to 50% reduction in award.
None of this has anything to do with the criminal law, baseball bats, bashing people over the head, or anything else like that.