LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 2

LATE APPLICATION TO SUBMIT NEW EVIDENCE

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

31 May 2021

ARBITRATION  #98

Important – Do not read the late evidence. Hand it back to Buyers’ advocate.

At this stage Sellers’ advocate has nothing to say + Buyers’ advocate makes her submission;
“This is key evidence. It is new. It has an important bearing on the outcome of the appeal. It needs to be read by the Board + my submissions – on the content of the documents – heard by the Board.”

“Why are they late?” – Buyers’ advocate asks, knowing this is a key aspect of the Appeal. She answers “It is an error. My solicitors got it wrong. The papers were sent to them a month ago, admittedly after my Bundle was submitted but with 28 days to go to the Hearing commencing today. They apologise for the oversight”

“Is there an explanation why it took until just one month ago for
these documents to be made available? – she asks herself. “There had been a change in personnel at Buyers + a new executive carried out a full review + came across the new papers”.

Now you as Chair have a problem. You want to know more about the late documents but you know you can’t. You have been told they are important. That is enough. Isn’t it?

Sellers’ Advocate responds 1 June in Episode 3

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