I'm making no assumption about FAR being correct......I'm just stating what FAR believe to be the case with very good legal advice.
Arbitration will decide if the notice was compliant or not.
You simply can not PE if you believe, right or wrongly, that the notice was not compliant to do so would open you up to problems in the future IMO.
There is a clearly defined path which does not include court action if you believe there is a problem with the notice. FAR have followed that path.
You can't put the cart before the horse....to PE the notice needs to be compliant.....it may well turn out to be so.....just as easily turn out not to be so.
The ICC will decide who had it right and who had it wrong.
It would be interesting, given WPL's boss stated that PE rights don't exist by the way the sale was done, if they would be happy for CNE to sell some to another party using the same method....effectively blocking JV partners from preemption?
Aimo DB
