The Saudi GAC has confirmed the four-and-a-half year ban against beIN Sports will be lifted. beIN and KSA are also in the process of a settlement agreement for damages. This is part of $1bn arbitration case in London initiated by beIN.
KSA government has also pledged to work directly with beIN to shut down any offshoots of beoutQ. It is the first direct engagement between beIN and the KSA government and comes 10 months after the blockade was formally lifted.
beIN's sole objection to the Newcastle United takeover was over beoutQ and their own ban in KSA (their biggest market). The latter was purportedly for commercial breaches dating back to 2016... but clearly a byproduct of the political climate, too.
Key question in context of #NUFC is whether a beoutQ settlement & lifting of beIN's ban is enough for EPL to now just accept Newcastle's separation argument. Or whether EPL are still uncomfortable approving a deal with (as they believe it) links to those who stole their rights.
If (and it remains a big if) the EPL soften their stance as a result of this news, arbitration becomes redundant and a settlement would be likely before January 3. One would imagine EPL would want the anti-competition suit dropped, too, if it isn't thrown out by CAT.
The ideal scenario for the consortium is now that the beIN issue has been resolved (and yes, piracy has always been a huge hurdle), the EPL agree to only test PIF and not the KSA State.
However, if arbitration still starts on January 3, it suggests EPL are still sticking to their position, which is essentially a fear they are approving a sale linked to those who stole their rights. & if they do prove a lack of separation, it's still unlikely PIF will return.
This now makes the next 2-3 weeks key. beIN essentially have no 'live' objection to the Newcastle takeover. As a result, there is a real chance of progress before arbitration even begins. If it starts, though, that's actually worse news for #NUFC.
The club could still just prove separation early next year... but the quickest route is just going to be for the parties (in both legal cases) to start talking openly to finally end this whole saga. Time will tell if KSA/beIN resolution is enough to finally get PIF to #NUFC.
A final thought: many people, including Amanda Staveley, have said repeatedly that piracy has nothing to do with this. If true, there's nothing to celebrate here. But it isn't true. Piracy has always been a key issue & that's why this could finally help the takeover get done.
I should also point out that there are naturally other reasons why EPL may object to the KSA State owning #NUFC if a lack of separation is proven. But piracy wasn't only the major hurdle, it was also personal.
EPL would need to essentially just forget about the past. But they know this needs to be resolved and won't want it to drag on now that clear progress has been made. As a result, the beIN settlement, which also addresses the WTO report/appeal, does feel significant for #NUFC.
(Queue #NUFC Twitter meltdown).

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More from @JacobsBen

6 Oct
A few extra bits on the #NUFC takeover.

Firstly, to reiterate, piracy has always been the main issue stopping a deal. It's largely why the EPL argue a lack of separation, since then they can tie PIF directly to the KSA State and the KSA State directly to beoutQ.
For 18 months a vocal proportion of #NUFC Twitter have dismissed piracy or failed to link it to the separation argument. But now beIN have their license back & a settlement, the most likely scenario is arbitration doesn't proceed since a takeover can be green-lighted without it.
The reason this may happen in 2-3 weeks (or even sooner) is because direct talks between PIF and the EPL have taken place since early September. These were led by Yasir Al-Rumayyan & Majid Al Qasabi.
Read 13 tweets
6 Oct
For people asking if EPL soften stance on piracy why it makes arbitration redundant...

Arbitration is on separation. But why do you think EPL argue PIF/KSA State are the same? Because EPL also argue KSA supported theft of their rights via the most advanced pirate network ever.
A lack of separation is a way of EPL directly addressing beoutQ having failed several times to get civil action started in KSA.

So if they're now content (and we don't yet know if they are) with today's progress then the landscape changes.
A large part of this whole saga has always been about piracy. EPL don't want to approve a sale to those they think helped steal their rights.

There are also other reasons why EPL may also want to test KSA State, but none are as personal as beoutQ.
Read 6 tweets
6 May
It seems a little counter-productive for Mike Ashley to file an anti-competition law suit with arbitration still ongoing. Arbitration is about a pathway to acquisition. A damages case is a defeatist move from an owner fighting for compensation not a sale.
Key line in anti-competition suit reads, “[Ashley has] lost the immediate sale, or lost likely opportunity of an immediate sale of its shares... to the Consortium.”

This isn’t accurate if arbitration ongoing. & was #NUFC who added most significant delay by challenging Beloff.
Yes, arbitration & anti-competition cases can run concurrently... but if MA wins arbitration and PIF-led consortium assume control then he clearly isn’t going to win the other case so why start it?... unless perhaps there’s been a price drop or new time delay we don’t know about.
Read 10 tweets
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
5 Mar
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
Read 8 tweets

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