Events
21 March 2017:
• Black Beauty contacted Phar Lap
asking for an offer of 100 doses of
frozen semen from Nijinski III.
• Equatoriana's ban on artificial
insemination for race horses has been
temporarily lifted
(first contact between parties)24 March 2017:
• Phar Lap agrees to supply the 100 doses,
but says the semen will be provided in
several installments + may not be resold
Price: USD 99,500 per dose28 March 2017:
BB objects to price, insists on DDP for delivery,
contests applicable law and jurisdiction31 March 2017:
PL accepts a delivery DDP for the Contract,
PL wants to include a hardship clause,
and suggests arbitration for dispute resolution12 April 2017:
• Mr. Antley's note: wanted to clarify arbitration
clause (neutral venue + applicable law)6 May 2017:
Contract was signed
• Seller: PL - will ship 3 instalments:
20 May 2017 - 25 doses
3 Oct 2017 - 25 doses
23 Jan 2018 - 50 doses
• Buyer: BB - will pay in 2 instalments:
18 May 201: USD 5 million
21 Jan 2017: USD 5 million
• Seat of arbitration: Danubia20 May 2017:
"Claimant" sent the first
shipment of 25 doses3 Oct 2017:
"Claimant" sent the second
shipment of 25 dosesNov 2017:
Ian Bouckaert (Mediterraneo's President)
announced 25% tariffs on agricultural
products from Equatoriana.19 Dec 2017:
Retaliation - Equatoriana imposes a
tariff of 30% upon all agricultural
goods from Mediterraneo20 Jan 2018:
PL emails BB to negotiate a
price adjustment21 Jan 2018:
Mr. Shoemaker (BB) calls Napravnik (PL)
He said a solution would be found and
urged PL to authorize the final shipment.
Shoemaker said he had no authority to
agree on an adpation + never committed to one10 April 2017:
BB drafts the dispute resolution clause
(seat and law of arbitration is Equatoriana)11 April 2017:
PL suggests Danubia to be the place of
arbitration + law applicable to the sales
agreement remains Meditarraneo12 April 2017:
• Ms. Napravnik (PL) and Mr. Antley (BB)
severely injured in a car accident31 July 2018:
PL submits Notice of Arbitration
PL nominates Wantha Davis as its arbitrator15 June 2018:
Witness Statement of
Julie Napravnik31 July 2018:
HKIAC notes the Claimant (PL) has
commenced this arbitration, confirms
receipt of Claimant's payment of registration
fee, invites Davis to sign "Declaration of
Acceptance..." and invites respondent to
nominate a co-arbitrator, and establishes
initial deposits at US$ 25,560 and US$ 10,673
to be transferred by 14 Aug 20181 Aug 2018:
Ms. Davis signs "Declaration of Acceptance..."
(hourly rate US$ 380)2 Aug 2018:
Langweiler (PL) agrees to Davis' hourly rate,
declares that has paid the initial deposits,
agrees to communicate with HKIAC via email only24 Aug 2018:
Fasttrack (BB): BB has paid inital deposits,
agrees to tribunal fees, agrees to communicate
with HKIAC via email only, nominates Ms.
Dettorie as its arbitrator
+ Answer to the Notice of Arbitration23 Aug 2018:
Witness Statement of Julian Krone22 Aug 2018: Witness Statement of Shoemaker24 Aug 2018:
HKIAC acknowledges receipt of Respondent's (BB)
Answer, Dr. Dettorie signs "Declaration..." ,
acknowledges payment of initial fees28 Aug 2018:
HKIAC invites parties to designate a
third and presiding arbitrator by 27 Sep 201814 Sep 2018:
Prof Calvin de Sousa is designated
as Presiding Arbitrator17 Sep 2018:
Parties agree with Prof de Souza's hourly rate18 Sep 2018:
HKIAC: arbitral tribunal has
now been constituted2 Oct 2018:
PL emails the arbitrators about an
arbitration between BB vs. one of its customers
(In that arbitration, BB wants adaptation of price)3 Oct 2018:
BB rejects PL's claim of contradictory
behavior, says it was taken out of context
+ says the other arb is confidential5 Oct 2018:
Procedural Order No 1After the call:
Napravnik authorized delivery of
3rd shipment12 Feb 2018:
PL confronted BB's CEO (Ms. Kayla Espinoza)
after discovering their breach of the resale
prohibition. Espinoza got angry and said she
no longer wanted to cooperate with PL
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