b. a determination that the arbitrator has no jurisdiction or alternatively a dismissal of all claims
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176. The proof of Mr. Dufour also served to corroborate the reasonableness of your solution taken by Mr. Hotaling following the jets ended up repossessed to ascertain the appropriate listing selling price. Undoubtedly, a listing selling price will not be cogent proof of reasonable price which need to be identified on The idea of precise revenue information. Nevertheless, the listing price tag did become a benchmark to the sale system as well as the negotiations leading to the final sale selling price. As is mentioned in better detail in the subsequent sections, Mr. Hotaling and his staff marshalled proof of industry revenue of similar Cessna aircraft which was readily available from lots of the exact same facts sources later on used by Mr. Dufour for his valuation. The solution of Mr. Hotaling was not in contrast to the solution of Mr Dufour(see Witness Statement of Robert Hotaling, paragraphs 1.8-22). Mr. Hotaling also made a decision to a little raise the proposed listing value in an effort to have some negotiating room with opportunity buyers. Mr. Hotaling resolved that each of the two aircraft really should be shown for the price of US $ 7,895,000. The plane remained available at this listing price for months with no making a suggestion, not to mention a sale, for your listing price tag. The market didn't see these listing costs as lowball offers, that is certainly below real sector benefit intended to create several competing delivers, nor did that come about. 177. The pro evidence of Mr. Dufour on your own demonstrates that these two aircraft weren't Every single really worth US $9.two million as proposed by Gulf Jet. Also, the publicity of these two aircraft to the industry in a considerably decrease listing price tag without a suggestion at or higher than the listing selling price further supports the locating which the valuation recommended by Gulf Jet, with none supporting day, was essentially unrealistic and easily not accurate. Evidently Gulf Jet was from contact Using the marketplace and its advised pricing of US $nine.
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c. The day of 30 Could 2013 from the Procedural Timetable for that shipping and delivery of your order was expressly mentioned to be "Tentative" only and was neither a set date, nor a date to which jurisdictional value and consequence was attached;
report, from decreasing paperwork wanted for customs clearance to utilizing on the web systems for administrative duties.
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v. Claimant s system with the sale with the aircraft devoid of thanks thought for the provisions of your Leases, specifically clause 14.b.
Equally of these witnesses gave oral testimony within the deserves hearing which further more clarified and supported the amounts claimed for every Lease It is acceptable to set those calculations out intimately as claimed, such as the specific calculations as footnoted from the Memorial. With respect to Cessna Lease 560-5679, Cessna statements at paragraph fifty five of its Memorial as follows:
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