Puff Daddy wrote:If we do eventually lose this fight with McCabe and co and he goes for then jugular and the amount we have to pay forces us into closure, who will be the winners? Does this mean that we would still have to pay beyond closure ? Would arbitrators and sequestrators look through our books and offer them whatever is left after debts are repaid? Perhaps 'Unbiased Blade' has the answers.
Sorry not got the answers mate! Interesting that a few posters on our forums are commenting on this now. In view of the problems in Iceland, there is some worry that we would not want to be the ones to send West Ham to the wall and that we should not force the payment of any award if that would be the effect. Pleased to see that really.
As to the arbitration issue, this is the procedure:
When an appeal is filed with CAS the Appellant (West Ham) has to fill in a statement of appeal which happens to contain the name of the arbitrator chosen from the CAS list.
They also have to submit a copy of the provisions of the statutes or regulations or the specific agreement providing for appeal to the CAS. If such an agreement exists then CAS will set the arbitration in motion and communicate the statement of appeal to the respondent (Sheffield United) who within 20 days from the receipt of the grounds for the appeal, has to submit to the CAS an answer containing:
• a statement of defence;
• any defence of lack of jurisdiction;
• any counterclaim;
• any exhibits or specification of other evidence upon which the Respondent intends to rely, including the names of the witnesses and experts whom he intends to call; the witness statements, if any, shall be filed together with the answer, unless the President of the Panel decides otherwise.
The Respondent also has to choose its own arbiter from the CAS list.
CAS has received a statement of appeal from West Ham. It seems unlikely that the arbitration has been set in motion –
the BBC reports that a preliminary hearing has been set up.
We know that there is no agreement providing an appeal to CAS, that the F.A. have no specific clause which allows an appeal to CAS and that the FA rules preclude an appeal, review or any recourse to a court of law'. West Ham are arguing that CAS is not a court of law, but a tribunal and therefore they have the right to appeal to the CAS and, that as the first arbitration was imposed upon them then they should have the right to appeal. I assume that the hearing is to determine whether CAS has jurisdiction over this case, that West Ham have the right to appeal and if an arbitration agreement which specifies recourse to the CAS exists. If it is found that they have, then we have no option but to submit to arbitration.
If it is found that they have not, then CAS needs our permission to go ahead.
CAS Appeal Arbitration Procedure
http://www.tas-cas.org/en/arbitrage_reg ... 089-7-1-1/
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