Subject: Re: PACIFIC VIRGO
From: [email-masked]
To: [email-masked]
Cc: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked]
Date: Wed, 26 Jul 2000 09:55:00 -0700 (PDT)

Britt

I have planned to meet with WFW (Neale Gregson) and Capt Sawant again 
tomorrow. One of the issues I want to revisit with Capt Sawant is the issue 
of putting the Owners on notice of the sensitivity of the cargo. I recall 
Capt Sawant's opinion not to be as categoric as expressed in the memo, but 
want to absolutely sure. Like you, I feel it is a very important point. I 
will be discussing the issue of additional experts with Neale as well.  Neale 
Gregson is an experienced maritime arbitration counsel and has experts he is 
able to recommend.

As for privilege and discoverable documents, I discussed the issue with Neale 
today and he recommends that communication with experts be routed through WFW 
to avoid the issue. Reports to date and internal correspondence from in-house 
counsel would be privileged as well. Attached is Neale's fax on this issue 
for your reference:

Regards
Matt

 

From: Britt Davis@ENRON on 07/25/2000 09:07 PM
To: Matthias Lee/SIN/ECT@ECT
cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Deborah 
Shahmoradi/NA/Enron@Enron, Brenda McAfee/Corp/Enron@ENRON, Richard B 
Sanders/HOU/ECT@ECT 

Subject: Re: PACIFIC VIRGO  

Matt,

 Good report.  I am concerned about this expert's conclusions, the most 
troubling of which is that our putting the ship on notice of the end use of 
the cargo would have been of so little importance.  That is probably our 
strongest point.  I also share your concern about his lack of experience as a 
witness in an arbitration.  We need an expert who is well respected by U.K. 
arbitrators and their tribunals.  I will likewise try to get other names.

 Meanwhile, I question whether we should ask Capt Sawant to put anything in 
writing concerning how to beef up his second report until we talk further.  I 
am concerned that anything he puts in writing may be discoverable in a U.K. 
arbitration proceeding if we use him as an expert and/or if he has any 
otherwise discoverable factual information.  Would you mind passing this 
concern by WFW for its comment?  I am assuming that the WFW counsel with whom 
you are speaking are experienced maritime arbitration counsel.

 Thank you for keeping us advised.  Deborah, please print this out (including 
the attachment) for the file.

       Britt Davis 

	Matthias Lee@ECT
	07/25/2000 05:37 AM
		
		 To: Matthias Lee/SIN/ECT@ECT
		 cc: Britt Davis/Corp/Enron@ENRON, Alan Aronowitz/HOU/ECT@ECT, Harry M 
Collins/HOU/ECT@ECT, Deborah Shahmoradi/NA/Enron@Enron, Brenda 
McAfee/Corp/Enron@ENRON, Michael A Robison/HOU/ECT@ECT, Angeline 
Poon/SIN/ECT@ECT
		 Subject: Re: PACIFIC VIRGO

Attached is the Memo of the meeting prepared by WFW. Although Capt Sawant is 
very knowledgeable, he has never been an expert witness in an Arbitration. I 
will be discussing with WFW about alternative experts.

Regards
Matt

Matthias Lee
07/25/2000 03:30 PM
To: Britt Davis/Corp/Enron@ENRON
cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Deborah 
Shahmoradi/NA/Enron@Enron, Brenda McAfee/Corp/Enron@ENRON, Michael A 
Robison/HOU/ECT@ECT, Angeline Poon/SIN/ECT@ECT (bcc: Matthias Lee/SIN/ECT)

Subject: Re: PACIFIC VIRGO  

Team

Just a brief update. 

We are presently trying to consolidate all existing samples in singapore for 
joint testing and analysis. We are facing some difficulty with the Batangas 
samples because SGS Philippines has advised that they cannot airfreight the 
samples without using IATA containers and that would involve breaking the 
seals. Eric is examining our options to transport the samples to Singapore 
and will be seeking the input of Cliff Bennett (Minton Treharne). One 
possibility may be to transport by sea, but I understand that will take 5 
days voyage but vessels between Philippines and Singapore are infrequent.

Meanwhile, I have been in contact with external counsel Watson Farley & 
Williams (WFW) to finalise our legal position. WFW attended at our office and 
interviewed with Capt. Sawant of PacMarine. WFW is preparing the memo of the 
meeting which I will distribute when received.

FYI - the broker confirmed yesterday that Mitsubishi Corporation is the time 
charterer of the vessel.

Regards
Matt