Emmitt: I wanted to comment on your last post abo
Post# of 154434
(Total Views: 534)
Posted On: 10/22/2022 12:25:35 PM
Emmitt: I wanted to comment on your last post about arbitration because it wasn't quite right and I want people here to understand how arbitration works.
Drano said something about parties benefiting from dragging things out, but this doesn't really happen with arbitrations as there would be no point and the arbitrator would not allow it.
You suggested that maybe they are waiting for the results of audits. This would not be the case, because arbitration would not/could not start unless and until all sides have the facts they need to start it so they could present their case in a complete and intelligent manner.
You suggested that perhaps the lawyers are being paid hourly and dragging this out for their own gain and perhaps the arbitrator himself/herself is doing the same. Again, not the case, as arbitration is SPECIFICALLY chosen by parties in order to keep attorney fees and all related costs as low as possible. CYDY management is still in control of the process, and one can rest assured that both sides chose a reputable arbitration service and arbitrator. One usually wants an arbitrator with experience in the kind of contract to which the arbitration pertains, so that can take time too.
I know of an arbitration by some writers against a major studio that took 3 YEARS before the arbitrator came to a decision. The case with Amarex is very complex, very important and most likely involves a very long and complex contract that the arbitrator must study and know thoroughly and then apply the facts (as each side sees them) against the contract. To expect this to be done in short order is to not understand the process.
Drano said something about parties benefiting from dragging things out, but this doesn't really happen with arbitrations as there would be no point and the arbitrator would not allow it.
You suggested that maybe they are waiting for the results of audits. This would not be the case, because arbitration would not/could not start unless and until all sides have the facts they need to start it so they could present their case in a complete and intelligent manner.
You suggested that perhaps the lawyers are being paid hourly and dragging this out for their own gain and perhaps the arbitrator himself/herself is doing the same. Again, not the case, as arbitration is SPECIFICALLY chosen by parties in order to keep attorney fees and all related costs as low as possible. CYDY management is still in control of the process, and one can rest assured that both sides chose a reputable arbitration service and arbitrator. One usually wants an arbitrator with experience in the kind of contract to which the arbitration pertains, so that can take time too.
I know of an arbitration by some writers against a major studio that took 3 YEARS before the arbitrator came to a decision. The case with Amarex is very complex, very important and most likely involves a very long and complex contract that the arbitrator must study and know thoroughly and then apply the facts (as each side sees them) against the contract. To expect this to be done in short order is to not understand the process.
(2)
(0)