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Enron Mail |
Please print the attachment. Thank you. -----Original Message----- From: Walls, Rob Sent: Monday, April 02, 2001 9:11 AM To: Derrick Jr., James Subject: FW: Dabhol Power Project - Notice of Conciliation (GOI) -----Original Message----- From: "Walker, Christopher" <christopher.walker@linklaters.com<@ENRON [mailto:IMCEANOTES-+22Walker+2C+20Christopher+22+20+3Cchristopher+2Ewalker+40linklaters+2Ecom+3E+40ENRON@ENRON.com] Sent: Sunday, April 01, 2001 9:08 AM To: Lundstrom, Bruce; Brownfeld, Gail Cc: Walker, Christopher; Katwala, Sandeep; Katwala, Sandeep; Walls, Rob Subject: Dabhol Power Project - Notice of Conciliation (GOI) Bruce and Gail, I attach a rough first draft of the necessary Notice of Conciliation. In its final form this needs to go in late tommorrow afternoon in New Delhi if DPC is to be in a position to commence arbitration against the GOI as quickly as is possible. There is any event 60 days of deadtime. There is no sensible way of getting around that. Accordingly,the sooner DPC starts the process,the sooner it gets to serve the necessary Notice of Arbitration. It follows that if DPC wishes to get on with matters with the GOI as quickly as is possible,this Notice of Conciliation requires to go in quickly. Who does DPC wish to appoint as a conciliator (bearing in mind that DPC does not genuinely wish to go through a full-blown conciliation,but simply wishes to tee-up an arbitration on day 61)? Laurence Street,whose name I have inserted,was the Chief Justice of NSW,and is now in his mid-70s (but fairly fit and active; I saw him last at an ICCA conference in New Delhi about 10 months ago). After ceasing to be a Judge he did quite a lot arbitration. He was also the chairman (and an active chairman) of Fairfax,a major Australian newspaper and media company and an ASX component stock. Fairfax was the subject of a hostile bid,and had a tough time with the Australian government. As the chairman of Fairfax Street has had some real business experience,but is also a pretty serious lawyer. His main activity these days is mediation. He has done a lot of it,mostly in high-profile Australian corporate disputes. If the conciliation goes anywhere (which I tend to doubt) Street is about the most suitable person I can think of at short notice. If anyone has any better idea as to the identity of the conciliator,please feel free to say so. If not,given that we have to cut quite quickly,my suggestion and recommendation is that we go with Street. _____________________________________________________________ This e-mail is sent by or on behalf of Linklaters, 10/F Alexandra House, Chater Road, Hong Kong. A list of the firm's principals will be provided to the recipient(s) of this email upon request. This statement is made in compliance with the Law Society of Hong Kong's Practice Direction on the Format of Electronic Communications. This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake please let us know by reply and then delete it from your system; you should not copy the message or disclose its contents to anyone. _____________________________________________________________ - 010401_Notice_of_Conciliation.doc
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