Interesting ADVFN post29 May 2017 22:35
wulber - 29 May 2017 - 21:18 - 28353 of 28353 - 0
I have just read the annulment application again and have come to some conclusions whether you agree or disagree.
Firstly, the stay of costs decision should be announced between July to early September. This could be ROI's first hurdle on whats next up their sleeve, because if ROI are unsuccessful in crippling (or pressuring) CHL's financial situation then this is the first setback for ROI and a slim chance of an OOC if their legal counsel think the annulment case is likely to be won by CHL.
Secondly, ROI counsel might say, OK, if the award is frozen for the duration of the annulment process they might then decide to advise to continue with the annulment process and then review again upon the conclusion. If CHL win, the chances of an OOC magnifies and might be a defining moment for the cases future. The OOC value would also increase!
Then, IMO to then go to a new tribunal is a double edged sword: it buys ROI more time as a delaying exercise against other cases and new inward investment, but the flip side being the award could be significantly more than in case 1 and 2 above.
Therefore, 1 is a well calculated gamble, 2 is an outright gamble and 3 is suicidal for ROI legal counsel, except for a ploy as a delaying exercise or for things to get lost in translation as happened in the first tribunal
AIMHO of course.