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.
In essence, PIF asked the EPL directly what would need to change to make headway.

beIN's license was actually always likely to be restored. That's been clear since January and is part of a process far bigger than the takeover.
But GAC were slow to act, & the wider KSA government conscious of their WTO appeal and ongoing arbitration with beIN. They didn't want to just hand the license back in case it weakened their legal position & since they stated they removed it for commercial breaches not politics.
The EPL relayed to PIF that, regardless of any takeover outcome, they must engage directly with beIN, shut down any offshoots of beoutQ and drop their WTO appeal. 2/3 have happened and the WTO aspect is covered in the beIN settlement.
The irony here is these conversations were much broader than #NUFC and with Al Qasabi, who is also media minister. So it's not exactly a glowing example of separation between Newcastle and the KSA government. But EPL also had to engage since the issue is bigger than just #NUFC.
In other words, even if there was no takeover, EPL would still have to talk to Al Qasabi about a way forward so any talks were logical if arguably crossing boundaries.
So now, unless EPL have wider concerns about PIF/KSA State, and still pursue arbitration, which feels the less likely scenario, sources tell me the situation could resolve itself pretty quickly.
It's actually a little farcical, that for all Newcastle's bullish statements and dual legal attacks, and despite Amanda Staveley's repeated denials piracy was relevant... the takeover may well happen based on one 'simple' thing: giving beIN their license back.
If that proves to be the case, & as much as fans will rightly be excited and relieved, there has to be an inquest as to why this wasn't resolved sooner. One reason is PIF have never had much direct engagement with EPL. And now they've seemingly taken matters into their own hands.
There is again an irony here since the 'Newcastle aspect' of PIF can't really influence this kind of change. But the 'government' within PIF can. So the only question now is whether EPL are satisfied with the outcome over the process and if so are willing to approve the sale.
Talking to sources from all sides, there is certainly a confidence arbitration won't run its course. And Newcastle would only let that happen for one reason... a Saudi sale.

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More from @JacobsBen

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 Oct
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.
Read 13 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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