Extract from one of my earlier posts... just something to chew...

Extract from one of my earlier posts... just something to chew on..

"Going on the above article a number issues has [sic] become clear.... or is it? Because Ian said most question will be answered monday. From the article it seems to confirm the following:
1. No deal between WPL and FAR ( unless they deliberately chose to hold announcement/flow of news to AFR etc over till monday, in order to allow both COP and WPL to first confirm the completion on Friday/Saturday respectively).
2. In absence of Sen Gov confirmation that they (Gov) approved sale, it means that COP and WPL chose to rely on "deemed approval", which would have crystalled [sic] if Gov failed to express opposition in first 60 day since receiving notice of sale ( as per PSC). If we assume that there was no formal opposition by SenGov, the question still arise whether the Gov silence can be constued as "deemed approval" particularly in light of the fact that the Gov urged the parties to resolve the dispute in amicable way ( thus implied Gov opposition/non-approval).... bringing us back to purposive vs literal interp of contracts
3. Just looking at the article, it seems NO Gov approval ( unless Gov "failed" to advise FAR...in which case SOS) and no deal with WPL... meaning ... off to Arbitration... And SenGov will not look kindly on these actions. (PC did say Senegal law still to be tried and tested... seems they (Cop and WPL)had their plans well laid out from outset.. goodluck to them. If COP and WPL did in fact proceed by "sidestepping" SenGov (by relying on "deemed approval") and FAR.. then seriously goodluck (NOT) to them ....."