Gabriel Resources Ltd V.GBU

Regular analyses in the German-speaking Forum on Gabriel

[urai58]

Perhaps one or two users will be interested: I regularly write analyses of the status of the arbitration proceedings in the German-language forum wallstreet-online.de (user urai5). Specifically, it is now about the application to annul the arbitration award. With online translation, the posts can be read in English without any problem. The posts can be read without an account.

 

Above is a copy/paste of two of my posts.

[urai58]

I have now read the annulment application (electronically translated into German). I will not go into the (also) criticized legal errors. The question is simply: which legal errors are "formal" (and can lead to annulment) and what is "material" or in the matter itself - which would not be checked by the ad hoc committee and therefore cannot lead to annulment. About 1/3 of the

[urai58]

I know that the whole Gabriel case is highly complex and difficult to understand. Unfortunately, sometimes there is no other option than to describe the facts as they are (complicated). I will therefore try to take a very simple view below - to assess whether the arbitration tribunal was properly constituted - or not.   The basis for this is the mandatory requirements that the arbitrators

[urai58]

The question is what happens next. Very briefly:   1. The ad hoc ICSID committee must decide on the Gabriel application regarding the "suspension of the enforcement award". The success rate here is around 50%. The application will only be approved if the application regarding the "cancellation of the award" is not (completely) without a chance.   2. The ad