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Enron Mail |
Bruce this memo is dealing with the merits of litigation v arbitration to
resolve DPC's DSU claim for the first set of rotor problems. Recall that we tried to negotiate a settlement with insurers for some time and then UI served DPC with a notice of arbitration because of the threat of a bad faith claim. I think I summarized it earlier for you, but essentially we now have the choice of pursuing litigation in London against insurers since United India has now sued us in London Court (in addition to arbitration because they figured out a little late that under the policy, only quantum may be arbitrated and they don't want to admit liability). Our option before was only to sue them in India which really isn't an option which is why we agreed to arbitration. Basically UI can't decide what it wants to do, but this memo from Linklaters sets forth DPC's options which Justin, Ken Blades and I discussed regarding the pros and cons of litigation v arbitration. It's a complex mess and I'll be glad to sit down and explain it to you (or not), but we are basically writing to UI's counsel to try and determine what their position is and then we'll decide whether to litigate or arbitrate. Part of this relates to the adjuster's agreement with Ken as to the quantum owed upon a determination of liability. This is all very strange, but nothing regarding India or DPC surprises me anymore. We'll talk about it when you have time, but I just want you to know I'm taking care of this--let me know how involved you want to be (or not...). Just FYI, mb ---------------------- Forwarded by Michelle Blaine/ENRON_DEVELOPMENT on 01/03/2000 05:22 PM --------------------------- "Williams, Justin" <justin.williams@linklaters.com< on 12/29/2000 10:31:14 AM To: "'Ken.Blades@enron.com'" <Ken.Blades@enron.com<, "'Michelle.Blaine@enron.com'" <Michelle.Blaine@enron.com< cc: "Cornell, Peter" <peter.cornell@linklaters.com< Subject: United India - strictly confidential and privileged <<001229_Dispute with United India.doc<< <<001229 Beachcrofts.doc<< Ken and Michelle, As agreed, please find attached a draft paper setting out "headlines" of the pros and cons of litigating liability. I also attach a draft letter to Beachcrofts. Please note I shall not be in the office on 2 January. Justin ____________________________________________________________ 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. ____________________________________________________________ - 001229_Dispute with United India.doc - 001229 Beachcrofts.doc
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