Timeline Moot Case 2018

TIMELINE – MOOT

21 January 2008 - Nijinsky III was born.

2015 – Black Beauty decided to establish a racehorse stable/Started the Equatorianian Government serious restrictions on the transportation of all living animals.

January 2017 – New president announced a certain preference for a more protectionist approach to international trade, in particular in relation to agricultural products, in its election program.

03 March 2017 – Negative teste for diseases on Nijinsky III.

21 March 2017 - E-mail of Black Beauty contacting Phar Lap, inquiring about the availability of Nijinsky III for its newly started breeding programme. Equatorianian Government had imposed serious restrictions on the transportation of all living animals due to severe problems with foot and mouth disease which already lasted for two years. As a reaction to that and driven by powerful interests in the Equatorianian racehorse breading industry the ban on artificial insemination for racehorses had been temporarily lifted. Due to the special situation in Equatoriana, Black Beauty was particularly interested whether frozen semen of Nijinsky III was available.

24 March 2017 – E-mail of Phar Lap offered Black Beauty 100 doses of Nijinsky III’s frozen semen in accordance with the Mediterraneo Guidelines for Semen Production and Quality Standards.

28 March 2017 – E-mail of Black Beauty with informations of price, delivery, applicable law and dispute resolution.

31 March 2017 – E-mail of Phar Lap responding Black Beauty about the terms.

April 2017 - Measures taken by new president, shortly after his election went beyond the worst expectations.

10 April 2017 – E-mail with a clause of which law should govern the contract included in Mr. Antley’s latest draft.

11 April 2017 – CLAIMANT’s reply to the draft, not objecting the proposal by RESPONDENT of which law should govern the contract.

12 April 2017 – Accident of Ms. Napravnik and Mr. Antley (before the end of negotiations) (Ms. Napravnik hospitalized for three months) (Mr. Antley in coma for four weeks)

06 May 2017 – Signature of the contract.

18 May 2017 – First instalment of US$ 5,000,000.

20 May 2017 – First shipment of 25 doses of semen. (Any claims about the shipment should be within 24hrs)

03 October 2017 - Second shipment of 25 doses of semen. (Any claims about the shipment should be within 24hrs)

November 2017 – Announcement of new tariffs by Ian Bouckaert (new president of Mediterraneo).

19 December 2017 - Government of Equatoriana impose a tariff of 30 per cent upon all agricultural goods from Mediterraneo.

20 January 2018 – E-mail of Phar Lap informing about the shipment.

21 January 2018 - Second instalment of US$ 5,000,000. (according to the contract)

23 January 2018 – Third shipment of 50 doses of semen. (before agreement on new price) (Any claims about the shipment should be within 24hrs)

12 February 2018 – Meeting with Ms. Kayla Espinoza (Black Beauty), who was confronted with the information that the RESPONDENT was going to resell the frozen semen.

15 June 2018 - Witness Statement of Julie Napravnik.

31 July 2018 – Notice of Arbitration by Phar Lap Allevamento to HKIAC.

31 July 2018 – Black Beauty received the Notice of Arbitration.

01 August 2018 – Confirmation of Ms. Wantha Davis as co-arbitrator.

02 August 2018 – Letter by CLAIMANT confirming that he he agrees with Ms. Wantha Davis houerly rate.

08 August 2018 – Deadline for CLAIMANT to confirm if he agrees with Ms. Wantha Davis hourly rate.

14 August 2018 – Deadline to each part to deposit US$ 12,780 for fees and expenses and US$ 5,336.50 for HKIAC’s Administrative Fees.

22 August 2018 - Witness Statement of Greg Shoemaker.

23 August 2018 - Witness Statement of Julian Krone.

24 August 2018 – Letter by Fasttrack informing the representation of RESPONDENT, the payment of the initial deposits and indicating Dr. Francesca Dettorie as co-arbitrator.