Newcastle confirm arbitration is broader than the separation issue alone & that they are also challenging the “lawfulness” of the EPL’s approach (or “conduct” as previously reported).
The delay in a resolution is party down to the club challenging the panel chair for “bias”.
The Judgment, to try & remove the panel chair, has been made public allowing #NUFC to explain their position. My sense is this is just another opportunity to attack EPL/cast doubt over integrity of arbitration. It’s a very bullish approach showing club clearly feel hard done by.
However... of all the hurdles club/consortium face, separation is hardest to tie to a lack of integrity in process. They are arguing an entity with a .gov website & MBS as chair (& with autonomy) has no gov. influence. Yet PIF’s own portfolio summary argues otherwise... Image
The direct reference to beIN still suggests #NUFC allege outside influence & that piracy was a far bigger factor than Amanda Staveley admits. Clearly if EPL think Saudi gov. backed beoutQ & are part of PIF there is a problem. They worry they are selling a club to rights thieves.
The update is welcome since fans deserve any information they can get... but the fact #NUFC are taking/losing legal challenges to question a panel chair seems like time wasted if their separation “proof”/argument is so strong.
Newcastle may argue they have no choice, but it doesn’t exactly get arbitration off to the best start when you are publicly calling a still appointed panel chair biased.
It seems like the club now will try and call out a lack of due process/integrity in O&D Test, which they are fully entitled to do, and at same time question the semantics of the Director definition.
The good news, though, is if the club win there is clearly going to be more of a pathway for PIF to return.

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More from @JacobsBen

5 Mar
A 🧵on #NUFC's failed High Court bid to remove Michael Beloff as chair of arbitration panel. Firstly, it's confirmed #NUFC trying to clear a path via arbitration to complete Saudi-led takeover. However, regardless of when hearing ends, PIF won't return until post-season/safety.
I am told this is due to a variety of (pretty obvious) factors. Firstly, should relegation occur the EFL would have to green-light the deal. But, more importantly, the terms would need to be renegotiated with a price drop (should Mike Ashley agree) of 85-100 million.
We now know the arbitration remit & panel. Terms of reference are broader than just separation alone. #NUFC maintain PIF are separate from Saudi State & thus gov. should not be listed (& tested) as a Director. But they are also challenging EPL's conduct & "lawfulness" of process.
Read 25 tweets
5 Mar
One point that’s been overlooked regarding Michael Beloff being “biased” against #NUFC is Beloff is also part of Blackstone... Nick DeMarco’s firm. So “Messi of sports law” is arguing against “Godfather of sports law” despite Blackstone saying he’s “always a joy to work with.”
The reason there is no conflict is because Beloff is now retired, but still listed on the Blackstone website.
So... #NUFC say past advice given to EPL constitutes a conflict & makes him susceptible to bias yet he will have undertaken far more work for Blackstone than EPL.
Also... Beloff may have offered EPL historical advice, but he's also gone up against them in arbitration alongside Nick De Marco. That was in 2007 when Blackstone was instructed by Fulham in a joint case v EPL to try and 'deregister' Carlos Tevez.
Read 4 tweets
3 Mar
The @Gazzetta_it story is correct. PIF have explored a minority stake in #InterMilan. Told Yasir Al Rumayyan involved in talks. Up to 30% investment discussed which, based on Suning's highest valuation would be €300m (260m). Nothing agreed but may give Suning an out not to sell.
I am told PIF don't want to buy Inter outright, contrary to the approach of BC Partners & Fortress. A halfway approach might be to partner with Fortress, who did toy with a joint bid alongside UAE's Mubadala Investment Company in February. But nothing came of this in the end.
Conflicting reports as to whether BC Partners are still the frontrunners or talks have fallen through in a reported €800m deal. Told Suning would still prefer to find a way not to sell the club, hence the appeal of PIF. But all early stages unlike talks with BC Partners.
Read 7 tweets

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