44. Qualified counsel argued that, although the applicant did not provide oral evidence before the qualified arbitrator, the qualified arbitrator admitted a large number of the applicant`s claims. The decision to terminate the development agreement was not made by the applicant until the end of July 2018 and the applicant then applied to amend the application. The response to the information was considered a response to the amendment tabled by the applicant before the selected arbitrator. Although the respondent sought the opportunity to make an additional written statement on the amended motion and to make a counter-claim on the merits before the qualified arbitrator, the qualified arbitrator did not give that opportunity. 16. Qualified counsel argues that the applicant has the right to appoint another developer for the renovation of the buildings, since the Court did not grant a stay at the end of the development contract. If the respondent ultimately succeeds in proving to the experienced arbitrator that the petitioner`s denunciation was unlawful and unlawful, the respondent may be compensated by the award of damages by the qualified arbitrator. It is not a question of giving the respondent a concrete performance of such a contract. 25.
In August 2018, the applicant filed an application to amend the motion to later record the facts and requested that it be declared that the termination of the development agreement and power of attorney was valid and sought an injunction to prevent the respondent from preventing the application to appoint a new developer. The applicant also requested that the third party of law created by the respondent as part of the development agreement read with proxy be annulled. The applicant`s request for an amendment was admitted by the qualified arbitrator on September 8, 2018. … Development agreement. With the exception of the construction authorized for development under this development agreement, all other construction work on the site may only be carried out after the implementation of the development … (COMM)136/2018, page 8 of the 28 developer, and this development agreement is deemed to be terminated by mutual agreement between the parties.