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  4. CytoDyn Inc (CYDY) Message Board

Gambler: "filing a claim seeking damages" would ty

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Post# of 154064
(Total Views: 966)
Posted On: 10/30/2022 9:35:02 PM
Posted By: Jake2212
Re: HHIGambler #129837
Gambler: "filing a claim seeking damages" would typically mean commencing a lawsuit. However, the Master Service Agreement clearly has an arbitration clause that mandated that any dispute regarding Amarex's fees would be litigated in an arbitration proceeding, not a lawsuit. The scope of the language in the arbitration clause likely covers whether any claims by CYDY against Amarex for damages related to Amarex performance of if its contractual obligations under the MSA would also be limited to arbitration. Absent language requiring that any such claims be litigated exclusively in arbitration, CYDY would be free to commence a lawsuit asserting claims for damages in any court with appropriate jurisdiction. My educated guess, having no access to the MSA, is that the language cited above references a lawsuit, not an additional arbitration claim, but hopefully CYDY will clarify the situation soon.


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