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Exhibit C1: invitation to treat
E-mail from Chris Antley (respondent) to Julie Napravnik (claimant). -
Exhibit C2: offer
E-mail from Julie Napravnik (claimant) to Chris Antley (respondent).
Claimant was not surprised by the invitation but by the amount of semen required. Agreed to make an exception to the high demand due to Respondent's reputation. Price: 99.500 US/dose; to be picked up at Respondent's premises.
Purchase based on the Standard Frozen Semen Sales Agreement taking into account the Mediterraneo Guidelines for Semen Production and Quality Standards and Respondent's general conditions -
Exhibit C3: counter-offer
E-mail from Respondent to Claimant.
Reaffirms that the doses would be used for the purpose of becoming within a very short time one of the leading breeders for racehorses and because of the lift of the ban of artificial insemination.
Agrees to the terms of the offer but (1) the price, (2) asks for a DDP delivery basis and (3) accepts the application of the Law of Mediterraneo if the courts of Equatoriana have jurisdiction. -
Exhibit C4: acceptance of the counter-offer
E-mail from Claimant to Respondent.
Mentions a phone conversation.
Accepts the DDP delivery under the increase of the price to U$1000,00.
Not willing to take over any further risks associated with such a change in the delivery terms, in particular not those associated with changes in customs regulation or import restrictions. Asks for a hardship clause.
Does not accept the jurisdiction of Equatoriana.
Suggests arbitration in Mediterraneo. -
Car accident
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Exhibit C5: Contract
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Exhibit C6: News 'the end of open market?'
News of the Peak Business News journal about the retaliation tariff imposed by Equatoriana (30%). -
Exhibit C7: Claimant's notice of the 30% tax fee
E-mail from Claimant to Respondent.
Notice of the information regarding Equatoriana's retaliation 30% tax fee. Informed the prices of the last shipment would be higher. Asked for permission to ship. -
Exhibit C8: Witness Statement - Julie Napravnik
Lawyer.
Primary responsibility is Claimant's contractual relations towards suppliers and customers. All employment matters and internal legal questions are responsibility of the other legal colleagues.
Conducted the negotiations until the accident, when Mr. John Ferguson assumed (he's the CEO despite the lack of legal experience). Mentions the conversation with Mr. Antley about the dispute resolution clause and the hardship clause before the accident. Got the impression Respondent accepted. -
Notice of Arbitration
- CLAIMANT-
Phar Lap Allevamento
Rue Frankel 1
Capital City
Mediterraneo
Represented by Joseph Langweiler (75 Court Street, Capital City, Mediterraneo) - RESPONDENT -
Black Beauty Equestrian
2 Seabiscuit Drive
Oceanside
Equatoriana
Represented by Joseph Langweiler
- CLAIMANT-
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HKIAC communication: acceptance of Ms. Wantha Davis
Her proposed hourly rate for this arbitration is US$ 380. -
Claimant's communication to HKIAC towards Ms. Wantha Davis
1) CLAIMANT agrees to the proposed hourly rate for Ms. Davis of US$ 380;
2) CLAIMANT has paid its share of the initial deposits; and
3) CLAIMANT agrees to communicate with HKIAC by email only.
Furthermore, CLAIMANT proposes to determine the arbitral tribunal’s fees in accordance with
Schedule 2 of the Rules, i.e. on the basis of hourly rates. -
Deadline for the payment of the initial deposit for HKIAC’s Administrative Fees
US$ 10,673 -
Answer to the Notice of Arbitration
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Deadline for Answer to the Notice of Arbitration