I don’t think it matters as it’s ultimately a separate matter. Related, sure. But separate. Arbitration was basically about access to data and figuring out what was owed for services that may or may not have been rendered properly. While embroiled in that they realized the full extent of the fuckery and are now simultaneously suing for damages. At least that’s my read as a Craig*.
*Non-lawyer or supposed lawyer that doesn’t fully understand law