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Old 12-05-2014, 01:44 PM
  #25  
PurpleTurtle
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Joined APC: Apr 2011
Posts: 1,967
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Originally Posted by PurpleTurtle View Post
An arbitration award is effective to the extent provided for in the contract that established the arbitration. Some people may overestimate or underestimate the provisions of the PA (both the lattitude of arbitrators during the process as well as the effectiveness of the award afterward).

I won't bother to address the legal lattitude of the arb panel (If you want to assert how much they have then provide a basis for it, in the PA)..

But I will address the assumption people seem to have regarding the adequacy of the question "Does APA have the authority to establish a separate west committee for MB SLI arbitration?" That question will not resolve the west's application. It simply won't. An answer to that question does not provide an answer to the west's application for a separate committee, unless one is willing to assume the APA would follow through on its expressed intent to establish a west committee. Making assumptions about the APA might not be a good strategy (ask the TWA pilots.)

The west request must be granted or denied. None of the participants to the arb will do that.
Originally Posted by eaglefly View Post
Well, the arbitrators are there for exactly that. The question before them is whether APA has the right to appoint a West merger committee. Not coincidentally, three parties (Leonidas, AAG and APA) also believe that APA SHOULD appoint a west committee with USAPA as the minority 1 against 3.

I think the arbitrators WILL make a decision and again, that the positions of the majority in this arbitration will prevail.
Are you joking? Majority has nothing to do with it. Where have you been the last ten years? Don't you know the whole industry hates USAPA, but not as much as Judge Silver does? .

The PA does not establish the question before them to be about APA's authority, and even if it did, an answer to that question would not establish or prevent a west committee. The question is meaningless.

The panel will grant or deny the west's request, as the PA requires, and we will all live happily ever after with the decision.
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