6 August 2017 – Chairman’s Update on Arbitration

Chairman’s Update on Arbitration, 6th August 2017
The final, long awaited rulings on our arbitration case have now been delivered by the Arbitrator.  The document is 36 pages long, and full of legal references.  A detailed report ** for owners is currently being prepared for inclusion with the AGM calling papers which will be emailed out and posted on the website later this week.  A full discussion of the implications and next steps for the Club will take place at the AGM.

The most significant awards made in our favour are that:

* the committee was, and is legally constituted which means that actions taken by the committee are legal
* all meetings convened by the committee were legal therefore the decisions made were legal
* WimPen no longer has a contract as it has expired which means that, as the appointment of a new administrator was legal, so it follows that WimPen has no right to collect fees from, or deny access to, Club members
* the Club’s property should be handed over to myself, as chairman, with immediate effect
* FNTC, the trustees, should hand over the membership register and transfer the trusteeship to Hutchinson’s, the appointed trustees, without further delay.
I hope that Onagrup/WimPen and FNTC will accept the Arbitrator’s rulings. and take the action the Arbitrator has ruled they should.  Unfortunately, as Onagrup is a Spanish company, if it does not comply with the Arbitrator’s rulings we will have to enforce the awards in the Spanish courts but we already have made preparations for this eventuality, given the lack of compliance to date. 

On behalf of the committee I would like to thank owners for their continued support during this prolonged period of uncertainty.  We have taken a big step forward in regaining control over our resort.

 AEJF Signature

Albert Fletcher
Chairman, Club Los Claveles
** The Arbitration Process has a confidentiality clause which has to be respected.  We only have a part award as the matter of costs have not yet been determined and may not be for another 28 days.  I anticipate being able to publish the final documents on the owners website, where you have to sign in, when I have been given the go-ahead from our lawyer.  A notice will go out at this time.

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