February 17, 2023
Tosa Inu Kennel, LLC, Claimant
Brian Franchot, Respondent
Case No. JCAA/2022/03
Procedural Order No. 2 - Clarifications of the Initial Case File
1. The Request of Arbitration (p. 5, para. 14) states the date of the letter was August 27, 2022. However, in Exhibit 5 (p. 11), the letter is dated July 27, 2022. Which is the correct date?
Response: The correct date is July 27, 2022.
2. The cover letter submitting the Request of Arbitration (p. 2) states the seat of arbitration to be Washington, D.C., and the Contract Excerpts (p. 9) state it to be Maintown, Rosalandia. Which is the correct seat?
Response: The correct seat is Maintown, Rosalandia.
3. Did all States—Transylvania, Canania, and Rosalandia—adopt the UNCITRAL Model Law? What version of UNCITRAL Model Law Art. 7 did they use?
Response: All three States have adopted the UNCITRAL Model Law, including the 2006 modifications. All these States follow Option I of UNCITRAL Model Law Art. 7.
4. Did Rosalandia ratify the 1958 New York Convention?
Response: Yes, Rosalandia is a party to the New York Convention.
5. Are all States involved parties to the CISG, and did they adopt any reservations?
Response: Yes, all States are parties to the CISG. They did not file any reservations or declarations.
6. Has Respondent filed a claim before the Cananian courts about the existence (or not) of the arbitral agreement, such as suggested in p.13, para. 12?
Response: No, until the time of the filing of the Statement of Defense no claim has been brought forward at the courts of Canania.
7. Could you provide more context regarding the adoption of the law prohibiting the ownership, sale, breeding, and transport of Tosa Inu dogs?
Response: The law was adopted and entered into force on September 1, 2022, a few weeks only after Samurai was delivered to Tosa Inu Kennel, LLC. Besides this being a prohibition of the ownership, sale, breeding, and transport we do not have additional information of the circumstances surrounding the new law. We know that the law does not only prohibit Tosa Inus. It also extends to several other types of dangerous dogs.