-
Period: to
Business connected to horse racing grows 4% per year
[Page 5, 4th paragraph] -
Black Beauty decides to establish a racehorse stable
Since horse racing is extremely popular in Equatoriana, and the market had been growing, Black Beauty decided to start its own stable. [Page 5, 4th paragraph] -
Meeting at Equestrian World
Black Beauty indicates that it is building up its own racehorse breeding programme. [Page 9, Claimant Exhibit C1] -
Period: to
Foot and mouth disease crisis in Equatoriana
That's why the ban on artificial insemination was lifted. [Page 4, 6th paragraph] -
Black Beauty's first email, requiring 100 doses of Nijinsky III's frozen semen
E-mail sent by Mr. Antley to Ms. Napravnik. Antley recognizes the extraordinary nature of the requirement, but states that this could be the beginning of a long-term partnership, and also that such a big ammount of doses is required because the ban on artificial insemination is temporary, while natural coverage is forbidden due to the disease. [Page 9, Claimant Exhibit C1] -
Phar Lap agrees to supply Black Beauty with 100 doses
E-mail sent by Ms. Napravnik to Mr. Antley. Phar Lap accepts to offer frozen semen from Nijinsky III, which was not common, given that the company does not provide semen from its racehorses, but also did not involve any major risk at the time. It is also stated that the doses cannot be resold to third parties. [Page 10, Claimant Exhibit C2] -
Black Beauty requires DDP and disagrees with applicable law
E-mail sent by Mr. Antley to Ms. Napravnik. Stating that Phar Lap was much more experienced and skilled in delivery of the frozen semen, Black Beauty requires a DDP, and also disagrees with the choice of law, suggesting that the courts of Equatoriana shall have jurisdiction. [Page 11, Claimant Exhibit C3] -
Phar Lap accepts DDP under conditions and suggests arbitration
E-mail sent by Ms. Napravnik to Mr. Antley. The DDP can be accepted if the price gets increased and certain risks are not taken by Phar Lap. Napravnik also suggests arbitration as legal jurisdiction. [Page 12, Claimant Exhibit C4] -
Black Beauty suggests arbitration clause
E-mail sent by Mr. Antley to Ms. Napravnik. The arbitration clause suggested contains the seat of arbitration and the law applicable to the arbitration clause. [Page 33, Respondent Exhibit R1] -
Phar Lap counterproposal to arbitration clause
E-mail sent by Ms. Napravnik to Mr. Antley. The counterproposal changes the seat of arbitration to a neutral venue, but does not mention the law applicable to the arbitration clause. [Page 34, Respondent Exhibit R2] -
Napravnik and Antley suffer car accident
They were driving to a restaurant after the annual colt auction when the accident happened. [Page 5, 8th paragraph] -
Napravnik and Antley discuss conditions
The negotiators had a short meeting in the morning. In this meeting, they expressed consent about the power of Arbitral Tribunal to adapt the contract in a case of hardship, Also, the ICC-Hardship clause suggested by Phar Lap was considered too broad. [Page 17, Claimant Exhibit C8; Page 35, Respondent Exhibit R3] -
Contract signed
The contract was signed by the successors of Ms. Napravnik and Mr. Antley, who were not directly involved in the negotiation. That's why the hardship and arbitration clauses are not adequately written in the contract. [Page 13, Claimant Exhibit C5] -
First instalment of US$ 5,000,000
to be paid by black beauty [Page 14, Claimant Exhibit C5, 6th paragraph] -
First shipment containing 25 doses
[Page 14, Claimant Exhibit C5, 8th paragraph] -
Second shipment containing 25 doses
[Page 14, Claimant Exhibit C5, 8th paragraph] -
Mr. Bouckaert announces 25% tariff on products from Equatoriana
Only agricultural products from Equatoriana, a protectionist measure. [Page 6, 9th paragraph] -
Equatoriana announces 30% tariff on products from Meditarraneo
Also agricultural products, but from Mediterraneo. [Page 6, 10th paragraph; Page 15, Claimant Exhibit C6] -
Phar Lap requires negotiation about the price increase
E-mail sent by Ms. Napravnik to Mr. Shoemaker, after she gets informed that the 30% tariff imposed by the Equatorianian government covers frozen semen from racehorses. [Page 16, Claimant Exhibit C7] -
Mr. Shoemaker calls Ms. Napravnik
He was certain that a solution would be found through negotiation given the good relationship between the parties and their interest in further business [Page 18, Claimant Exhibit C8] Shoemaker says that his statement was recommended by his wife, who is a lawyer, to keep him from making concessions he couldnt keep. [Page 36, Respondent Exhibit R4] -
Napravnik authorizes final shipment before agreement
Given the urgency and believing that an agreement would be reached afterwards, Ms. Napravnik authorizes the final shipment; [Page 36, Respondent Exhibit R4; Page 18, Claimant Exhibit C8] -
Second instalment of US$ 5,000,000
to be paid by black beauty [Page 14, Claimant Exhibit C5, 6th paragraph] -
Final shipment received by Black Beauty
[Page 14, Claimant Exhibit C5, 8th paragraph] -
Period: to
Phar Lap informed about resale from Black Beauty
date not specified [Page 18, Claimant Exhibit C8] -
Espinoza stops negotiations
"She shouted she was fed up with the additional requirements from Phar Lap which, in her view, had no basis on the contract and was no longer interested in a further cooperation with Phar Lap." [Page 18, Claimant Exhibit C8] -
Notice of Arbitration submitted
[Page 4] -
Answer to the Notice of Arbitration
[Page 29] -
Phar Lap informs about other arbitration proceeding from Black Beauty
E-mail sent by Mr. Langweiler to the members of the Arbitral Tribunal. Langweiler says the Phar Lap received informations about other arbitration proceeding where Black Beauty is Claimant, and had been affected by the 25% tariff imposed by Mr. Bouckaert. In this proceeding, Black Beauty allegedly was requiring and adaptation of the contract, due to unforeseeable events. [Page 49] -
Black Beauty claims confidentiality obligations
E-mail sent by Ms. Fasttrack to the members of the Arbitral Tribunal. It is stated that any claim from other arbitrations cannot be brought to this process, given that the informations are taken out of context. Also, there is a confidentiality obligation under Article 42 from 2013 HKIAC rules, thus implying that Phar Lap obtained the evidence by illegal means. [Page 50] -
Procedural Order No. 1
[Page 51]