正文

我在加拿大參與仲裁官司的經曆 (大結局)

(2016-11-18 16:02:35) 下一個

公元二零一六年十一月十八日,期盼已久的仲裁判決終於姍姍來遲。判決結果好得出乎我們的意料:

DECISION

We answer the questions posited by the parties as follows:

a. Was the Event a HILP Event under the PPA?

Answer: Yes.

b. Was the Event an FM event under the PPA?

Answer: Yes.

c. If the Event was an event of FM, for what Settlement Periods is BBB entitled to FM relief?

Answer: The Settlement Periods are from 4:00 p.m. on XXX, 20XX until 10p.m. on YYY, 20XX.

To answer the specific claim for relief in the Claimant’s Statement of Position (at paragraph N), we find that SAIPus = 0 from 4 p.m. on XXX, 20XX to 10 p.m. on YYY, 20XX (the Settlement Period) for the purposes of calculating Availability Incentives under Schedule D to the ZZZ PPA.

The Panel will remained seized of the following issues if the parties are unable to reach agreement:

a. The monetary consequences of the Panel's award,

b. The need for a formal declaration that the AAA is required to pay BBB the Capacity Payments during the Settlement Period, and

c. Costs.

 

Dated at CCC, November 14, 2016.

Signatures of the panel

全公司都很震驚,從董事會到CEO,都表達了欣喜之情,因為這個官司的輸贏,對公司股票價格和投資人的信心至關重要。尤其是在一腦袋漿糊的全球變暖的鼓吹者們的興風作浪情勢下,我們能否證明自己是個合格的運營商,並會一如既往地發揮現有設備最大餘熱,為社會和投資者爭取利益最大化,其重要性尤為顯著。

下麵是公司董事長和CEO的賀詞:

董事長:This is a remarkable outcome. First, on behalf of the Board I want to express sincere appreciation to all the management and staff who worked so tirelessly on this case. If I could hug all of you I would. Second, I want to thank our Board for its dedicated engagement in the analysis of how to approach the challenge presented by this dispute. I am proud of the process. Third, I think the dynamic of how the Board and management labored through the analysis was a text book case of trusting each other and working together. Last, YYY you are my hero. Your effort and passion for this cause were an inspiration and at the core of our resolve to defend our reputation and professional integrity. You may keep the watch!

CEOAll,

Tonight we received the decision of the arbitration panel on the KKK arbitration dispute.  The panel upheld all of our operating and engineering decisions!  Congratulations to the plant staff who made strong decisions in the context of good operating practices and to the legal team who helped them make their case.  Well done!

Although this is a good outcome for BBB, it's an onerous one for our customer, EEE. Hopefully this outcome will give them the confidence that our operating focus is strong and will encourage them to continue to do business with us in the future.

Again, my congratulations to the team who worked hard to make all the right decisions as we work through the right process for the evaluation and fix of the ggg. Well done.

YYY董事:First of all let me make a confession: When I got the note I teared. Not because we won a case but because this team deserved a win with all the hard work they do against so many obstacles on all fronts. This is a statement and a vote of confidence in the heart of the company's core competency. It is not just ggg1 but also ggg2 which was to be next if we lost this one. More importantly, the PPP’s loss in following EEE's lead in the case.

I really appreciate the kind words for my involvement but let me tell you that we have a first-class team in this organization. My interaction with all levels was so rewarding in recognizing the talent and the thought process in decision making. The caliber of the opposition witnesses was the highest money can buy and perhaps intimidated our team on paper until the process started when JK told me "XXXX we seem to be way better than them". Yes we are and I am glad the team saw that and realize that we are as good as any can be.

俺的心情:“爽”就一個字!

得意

因為贏了這個大官司,整個團隊贏得了2016年總裁特別獎!!!

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