Four clear points;-
Appellant Buyers’ have overlooked the documents.
Appellant Buyers’ Solicitor also overlooked the documents.
Sellers refused Buyers’ request to admit the documents.
Sellers’ decision-making executive is uncontactable in Madgascar.
Clearly Buyers have got it wrong – their lawyers as well. Two sloppy own goals – unintentional but bad. Self-inflicted but they have held their hands up. Errors on Sellers’ side appear more calculated. They are experienced, know arbitration + how issues can arise that require executive intervention during the hearing. Their lawyers were on notice that Buyers would apply to the Board for permission to enter the missing documents but their senior executive, also on notice, has gone water skiing in Madagascar + no one has been designated to step in.
You know your S33 duty is to be fair +impartial. Decisions have to be made. Either allow the documents in + proceed (or agree to an adjournment). Or reject the documents + proceed. Where is the balance of fairness?
Decision. Episode 5. 3 June 2021