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Mark Douglas

The next phase of the Newcastle takeover - arbitration analysed

The Premier League have now confirmed arbitration has been initiated by Newcastle through Richard Masters' latest letter to MP Liz Twist.

It's the next path for Mike Ashley, who has engaged Shaheed Fatima QC and Nick De Marco to help with disputes relating to the takeover.

United have always maintained that the Premier League's conduct fell short, accusing them in September of "not acting appropriately in relation to this matter".

Back then the club say they were looking at every option available but the United's latest communication references arbitration specifically.

That suggests - although it is not clearly set out - that the next step is seeking arbitration through a tribunal set out in Section X of the Premier League handbook.

This would be to solve the issues that have arisen and again, this is unknown but crucial. Newcastle are understood to believe that influence was exerted by outside parties - something the consortium made clear in public interviews and the Premier League denied - and procedures not properly followed. So the tribunal may have a fairly strict remit - to resolve these issues specifically.

According to the league's own rules the process is that Newcastle would have to fill in a form 28 to start the process, which would then see a three-person panel set up.

Each party - the Premier League and Newcastle - would appoint a member and a legally-qualified chairman would oversee proceedings. Alternatively, both parties could settle on one individual with legal expertise to oversee the dispute.

Football Law expert Tom Horton felt the most likely area they'd be looking as was a "board dispute".

The tribunal's remit, according to the Premier League handbook, is to:

- determine any question of law or fact arising in the course of the arbitration

- order payment of a sum of money

- order a party to do or refrain from doing something

- make declaration as to any matter to be determined in he proceedings

What seems fairly clear is that this isn't a fast-track route to the takeover being ticked off, necessarily, but is a way for issues to be resolved which could lead to it.

Masters confirms arbitration will be confidential - it's not clear whether it has officially begun yet or not, but the process of arbitration is underway.

Crucially, Masters seemed to indicate it could ensure festering issues will be resolved.

He wrote to Twist: "There are generally good reasons why parties choose to have disputes resolved by way of confidential arbitration: for example, it can be more informal, it protects sensitive information and it encourages honestly and frankness from parties and witnesses."

But one of the key issues for United's potential owners is keeping PIF on board. They provide the money and the game-changing element to the buy out and continue to monitor proceedings on the takeover.

But if the prospect of anything changing remain dim - or disappear completely - the fear is that they move or start to listen to the overtures of clubs around Europe and beyond who wish to attract investment.

This process opens up a route and as long as that potential remains, PIF likely will stay in the game.

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