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Posted On: 02/14/2024 8:21:53 AM
Post# of 148870
All interesting things to ponder, but a few points:
1. There is no "court" in this case, as it is arbitration.
2. If the award by the arbitrator is more than Amarex can pay, you cannot get blood from a stone. Amarex's pockets are only so deep. Sure, CYDY could put them out of business, but what good would that do if they could keep them in business and keep getting more money to satisfy the arbitrator's decision?
3. $100mm is a rather arbitrary number, because again, willful misconduct and/or gross negligence = damages in addition to what CYDY had paid to Amarex and would recover, and damages are where the real money could be if the arbitrator finds that to be the case.
4. Depending on Amarex's side of the story and what their attorneys tell them, settling sooner rather than later could be a better move for Amarex but not as good for CYDY, even though $80mm is still a windfall at this point.
1. There is no "court" in this case, as it is arbitration.
2. If the award by the arbitrator is more than Amarex can pay, you cannot get blood from a stone. Amarex's pockets are only so deep. Sure, CYDY could put them out of business, but what good would that do if they could keep them in business and keep getting more money to satisfy the arbitrator's decision?
3. $100mm is a rather arbitrary number, because again, willful misconduct and/or gross negligence = damages in addition to what CYDY had paid to Amarex and would recover, and damages are where the real money could be if the arbitrator finds that to be the case.
4. Depending on Amarex's side of the story and what their attorneys tell them, settling sooner rather than later could be a better move for Amarex but not as good for CYDY, even though $80mm is still a windfall at this point.
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