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Posted On: 10/12/2023 12:16:34 PM
Post# of 148884
i think ohm's post #137914 has examples and links showing there can be tentative decisions in a binding arbitration. it might be different state to state and i think this is also part of what the contract agreement between cytodyn and Amarex outlines as to how an arbitration is structured.
Not sure why this is important. the discovery and hearings have not happened yet and the stage when the arbitrator decides this is a year away. this could get resolved any time. my guess is that the lawyers for Amarex will make a recommendation to Amarex, NSF and the liability insurance company as to the amount they could end up paying and the likelihood of that happening after discovery. Amarex, NSF and the liability insurer will likely decide if they want to let this go all the way to an arbitrators decision or limit the risk sooner for less cost to them if they feel there is a good chance this will cost them a lot more later on. Cytodyn may want to take a settlement sooner for less at the advice of their lawyers who will give their opinion on the amount and likelihood that they will be awarded a favorable arbitration decision.
The rules of arbitration are just about the process, what matters to us investors is the likelihood Cytodyn will get a favorable outcome, when they will get it and how much it is. Cytodyn might really want the cash sooner and a smaller amount. thy might not have any urgency and will wait to get the maximum they can and risk an unfavorable arbitration decision.
either way, who cares if an arbitrator gives a tentative judgement in a binding arbitration? i don't.
Not sure why this is important. the discovery and hearings have not happened yet and the stage when the arbitrator decides this is a year away. this could get resolved any time. my guess is that the lawyers for Amarex will make a recommendation to Amarex, NSF and the liability insurance company as to the amount they could end up paying and the likelihood of that happening after discovery. Amarex, NSF and the liability insurer will likely decide if they want to let this go all the way to an arbitrators decision or limit the risk sooner for less cost to them if they feel there is a good chance this will cost them a lot more later on. Cytodyn may want to take a settlement sooner for less at the advice of their lawyers who will give their opinion on the amount and likelihood that they will be awarded a favorable arbitration decision.
The rules of arbitration are just about the process, what matters to us investors is the likelihood Cytodyn will get a favorable outcome, when they will get it and how much it is. Cytodyn might really want the cash sooner and a smaller amount. thy might not have any urgency and will wait to get the maximum they can and risk an unfavorable arbitration decision.
either way, who cares if an arbitrator gives a tentative judgement in a binding arbitration? i don't.
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