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Enron Mail |
Britt
I have planned to meet with WFW (Neale Gregson) and Capt Sawant again tomorrow. One of the issues I want to revisit with Capt Sawant is the issue of putting the Owners on notice of the sensitivity of the cargo. I recall Capt Sawant's opinion not to be as categoric as expressed in the memo, but want to absolutely sure. Like you, I feel it is a very important point. I will be discussing the issue of additional experts with Neale as well. Neale Gregson is an experienced maritime arbitration counsel and has experts he is able to recommend. As for privilege and discoverable documents, I discussed the issue with Neale today and he recommends that communication with experts be routed through WFW to avoid the issue. Reports to date and internal correspondence from in-house counsel would be privileged as well. Attached is Neale's fax on this issue for your reference: Regards Matt From: Britt Davis@ENRON on 07/25/2000 09:07 PM To: Matthias Lee/SIN/ECT@ECT cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Deborah Shahmoradi/NA/Enron@Enron, Brenda McAfee/Corp/Enron@ENRON, Richard B Sanders/HOU/ECT@ECT Subject: Re: PACIFIC VIRGO Matt, Good report. I am concerned about this expert's conclusions, the most troubling of which is that our putting the ship on notice of the end use of the cargo would have been of so little importance. That is probably our strongest point. I also share your concern about his lack of experience as a witness in an arbitration. We need an expert who is well respected by U.K. arbitrators and their tribunals. I will likewise try to get other names. Meanwhile, I question whether we should ask Capt Sawant to put anything in writing concerning how to beef up his second report until we talk further. I am concerned that anything he puts in writing may be discoverable in a U.K. arbitration proceeding if we use him as an expert and/or if he has any otherwise discoverable factual information. Would you mind passing this concern by WFW for its comment? I am assuming that the WFW counsel with whom you are speaking are experienced maritime arbitration counsel. Thank you for keeping us advised. Deborah, please print this out (including the attachment) for the file. Britt Davis Matthias Lee@ECT 07/25/2000 05:37 AM To: Matthias Lee/SIN/ECT@ECT cc: Britt Davis/Corp/Enron@ENRON, Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Deborah Shahmoradi/NA/Enron@Enron, Brenda McAfee/Corp/Enron@ENRON, Michael A Robison/HOU/ECT@ECT, Angeline Poon/SIN/ECT@ECT Subject: Re: PACIFIC VIRGO Attached is the Memo of the meeting prepared by WFW. Although Capt Sawant is very knowledgeable, he has never been an expert witness in an Arbitration. I will be discussing with WFW about alternative experts. Regards Matt Matthias Lee 07/25/2000 03:30 PM To: Britt Davis/Corp/Enron@ENRON cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Deborah Shahmoradi/NA/Enron@Enron, Brenda McAfee/Corp/Enron@ENRON, Michael A Robison/HOU/ECT@ECT, Angeline Poon/SIN/ECT@ECT (bcc: Matthias Lee/SIN/ECT) Subject: Re: PACIFIC VIRGO Team Just a brief update. We are presently trying to consolidate all existing samples in singapore for joint testing and analysis. We are facing some difficulty with the Batangas samples because SGS Philippines has advised that they cannot airfreight the samples without using IATA containers and that would involve breaking the seals. Eric is examining our options to transport the samples to Singapore and will be seeking the input of Cliff Bennett (Minton Treharne). One possibility may be to transport by sea, but I understand that will take 5 days voyage but vessels between Philippines and Singapore are infrequent. Meanwhile, I have been in contact with external counsel Watson Farley & Williams (WFW) to finalise our legal position. WFW attended at our office and interviewed with Capt. Sawant of PacMarine. WFW is preparing the memo of the meeting which I will distribute when received. FYI - the broker confirmed yesterday that Mitsubishi Corporation is the time charterer of the vessel. Regards Matt
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