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Arbitration timelines – a NUFC takeover saga thread part ii
An update to the below as I’ve had an opportunity to read (the EPL handbook https://resources.premierleague.com/premierleague/document/2020/12/07/b3910048-cd78-484d-839f-3d9d6696ac6f/2020-21-PL-Handbook-031220.pdf) and think about my last thread as well as reading the CH stories today and having conversations around timelines.
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An update to the below as I’ve had an opportunity to read (the EPL handbook https://resources.premierleague.com/premierleague/document/2020/12/07/b3910048-cd78-484d-839f-3d9d6696ac6f/2020-21-PL-Handbook-031220.pdf) and think about my last thread as well as reading the CH stories today and having conversations around timelines.
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All NUFC fans know the O&D tests are in Section F (are you a real fan if you don’t – well yes) but Section X (as you would expect) is where the real fun is!
After reading the first six paragraphs we establish NUFC are a club and have standing and English law is king.
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After reading the first six paragraphs we establish NUFC are a club and have standing and English law is king.
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Now we all remember the letter that the EPL sent to Liz Twist?
Dated the 23 December 2020 it states that NUFC “recently publicly announced that it has commenced arbitration proceedings against the Premier League”.
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Dated the 23 December 2020 it states that NUFC “recently publicly announced that it has commenced arbitration proceedings against the Premier League”.
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This is confirmation of the action taken by the club in their statement of 19 November 2020.
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So back to the handbook. The first six sections basically say that the club can raise a dispute and that they have "standing" (no shit sherlock).
Section X7 – well it says that arbitration has begun if we believe the club AND the premier league.
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Section X7 – well it says that arbitration has begun if we believe the club AND the premier league.
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To be fair I could have completed “Form 27” on behalf of the club quicker than writing this thread. It’s appended to the tests for those of you who want to read it, but I wouldn’t waste your time (same can be said for the other forms but we’ll come on to those).
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X8 – X13 are all procedural guff about the appointment of the arbitrators.
I prefer to think of them as fighters, ready to be pitted to the death (it helps me stay sane). We can pick one each and they then choose an independent third between them. Or, there can be only one!
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I prefer to think of them as fighters, ready to be pitted to the death (it helps me stay sane). We can pick one each and they then choose an independent third between them. Or, there can be only one!
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Either way they have to be – a solicitor / barrister with 10 years + experience and independent of the party.
So once notified by the Form 27 you have 14 days to appoint your fighter. And they then have 14 days to pick the referee (chair).
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So once notified by the Form 27 you have 14 days to appoint your fighter. And they then have 14 days to pick the referee (chair).
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Unless there is only one and timeframe isn’t mentioned but I’d assume selection within 14 days as a reasonable guess.
My read is that we’ve got one each and I don’t think ours is the artistic, photographer, bread-maker who likes a tipple...
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My read is that we’ve got one each and I don’t think ours is the artistic, photographer, bread-maker who likes a tipple...
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“A QC that packs a punch” according to @Tyson_Fury , as I think he’s the man who will be leading our charge per X38 (acting for the club not on the panel) but that adds 14 days somewhere to the process.
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Interestingly that section qualifies that if the Premier League are a party to arbitration then it’s up to the Football Association to fulfil their duties in keeping the timescales i.e. if you don’t appoint an arbitrator within 14 days etc
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X14 is a bit morbid. It says if a fighter is shit or dies the PL (or FA in this case) will appoint a replacement.
X15-17 Mike Ashley has to sign all comms from the club, possibly Hoffman on behalf of the PL and everyone gets copies of everything related to the fight.
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X15-17 Mike Ashley has to sign all comms from the club, possibly Hoffman on behalf of the PL and everyone gets copies of everything related to the fight.
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X18 the ref has 14 days from appointment to set out the rules of the fight and the venue and a preliminary meeting is arranged.
The subsections of X18 are very interesting. If at first you want to shake hands and agree the outcome, job done.
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The subsections of X18 are very interesting. If at first you want to shake hands and agree the outcome, job done.
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If not, what weapons are you allowed to bring, how much of look at the opposition’s arsenal is required before you bring your weapons and defences etc (apologies for the analogy – it gets worse and inexplicably changes sport)
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X19 – If you don’t listen to the ref you’re fucked. Think rugby not football. You swear and you’re off. He’s the gaffer, what he says goes and he sets out what is happening and when.
I love this next one (X20). Just for one single word. Expeditious. It sounds delicious.
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I love this next one (X20). Just for one single word. Expeditious. It sounds delicious.
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Expeditious. Just wanted to say it again.
They’ve got to be on the ball, because if they aren’t X21
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They’ve got to be on the ball, because if they aren’t X21
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Then we get onto the hearing – again interesting and look at the phrasing highlighted and think about that letter to Liz Twist.
Good old X25 – reiterating what RM said on 23/12/2020 it’s a confidential process.
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Good old X25 – reiterating what RM said on 23/12/2020 it’s a confidential process.
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X26 all the way through to the end (X40) is about what can be done by the tribunal and when, costs etc – nothing much more around timescales.
So, the crux of the thread….at last:
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So, the crux of the thread….at last:
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If we believe the club submitted on day of statement, it’s 19 Nov 2020 plus 3 days for F27, then 14 for picking an arbitrator and then another 14 for picking the chair and then 14 to have a prelim (01 Jan 2021) if everything went to deadline.
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Unlikely a prelim happened on New Years Day and there were a couple of other public holidays so by their own handbook it should have been that week.
Odd that I have to say if they followed their handbook...
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Odd that I have to say if they followed their handbook...
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If it happened any time after that I think that it’s fair to say the PLs letter confirms that they have accepted arbitration and agreed confidentiality as at 23 Dec 2020.
If you apply the same logic from 23rd it's prelim on 03 Feb (I think its before this)
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If you apply the same logic from 23rd it's prelim on 03 Feb (I think its before this)
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To a certain extent it doesn’t really matter as we have evidence to demonstrate that it is ongoing from both parties and the hearing timeframes aren’t identified.
We do know that NDM was at Arsenal on 09 Jan.
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We do know that NDM was at Arsenal on 09 Jan.
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Was he debriefing from the preliminary hearing or preparing for the actual hearing – we don’t know?
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One thing I know for certain is that we need some hope because the football has been shit, Steve “the tactician” Bruce and his excuses, VAR, Liverpool getting beat off Burnley, I won’t go on…
I could do with some #cans soon though #NUFCTakeover
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I could do with some #cans soon though #NUFCTakeover
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