Jump to content

Arbitration


Guest Grandad

Recommended Posts

Guest LondonOwl313
2 hours ago, TWW Vic said:

I'd heard it's the full 21. 

 

12 this season.

 

9 next. 

9 outright next season? Where did you hear that? I can’t see why they’d split it across 2 seasons as that kind of defeats the point of it and doesn’t seem consistent with any other points deductions that have been dished out

 

if its 9 suspended which comes into force on any further breaches that would make more sense but seems kind of pointless because assuming they make us include the stadium sale in the 2018-19 accounts rather than 2017-18 we’ll be well under the loss limit for FFP and should be able to spend again

Link to comment
Share on other sites

34 minutes ago, asteener1867 said:

Heres one....

Say for instance the EFL decide Chansiri selling the ground back to himself is illegal...Would that actually make it "Illegal" in the common sense of the word...or just "Illegal" under EFL rules?

Now bear wiv me...

If it is "Illegal" as in like totally illegal...because it was done "Illegally" under the confines it was working in...

Does that make it....wait for it.....Illegal?

 

giphy.gif

  • Haha 2
Link to comment
Share on other sites

1 minute ago, Morepork said:

So, as this has seemingly happened already. Have the best legal minds on OT established that rulings are not instant in cases of arbitration? 

Once a legal challenge is rebuffed out of court.. then it's messy.

It would have to go to court to adjudicate unless there's a prior agreement.

Link to comment
Share on other sites

6 minutes ago, Morepork said:

So, as this has seemingly happened already. Have the best legal minds on OT established that rulings are not instant in cases of arbitration? 

To be fair the best legal minds in Owlstalk are probably still at work.

Link to comment
Share on other sites

4 minutes ago, asteener1867 said:

I mean I know what that means, but for someone without my legal expertise...How would you explain that?

 

*pulls up chair*

Link to comment
Share on other sites

33 minutes ago, LondonOwl313 said:

9 outright next season? Where did you hear that? I can’t see why they’d split it across 2 seasons as that kind of defeats the point of it and doesn’t seem consistent with any other points deductions that have been dished out

 

if its 9 suspended which comes into force on any further breaches that would make more sense but seems kind of pointless because assuming they make us include the stadium sale in the 2018-19 accounts rather than 2017-18 we’ll be well under the loss limit for FFP and should be able to spend again

Maybe its been annouced on TWW and we dont know yet :Chansiri:

Link to comment
Share on other sites

5 minutes ago, asteener1867 said:

I mean I know what that means, but for someone without my legal expertise...How would you explain that?

 

It just so happens I've written a paper on this exact subject:-

As arbitration has become an increasingly popular method for resolving business disputes, international caseloads have been rising at almost nine percent a year.1 Arbitrators routinely decide cases worth hundreds of millions or even billions of dollars and arbitration is frequently billed as being cheaper and faster than litigation, with the added benefits of privacy, shorter timelines and finality. An arbitrator (or panel), although obviously bound by the operative law and the contractual or other framework governing the parties’ relationship, may find greater latitude in weighting the relevant business realities and financial perspectives that are brought to bear in the arbitration hearing. An arbitrator’s decision is typically sealed and represents the last word, with limited rights of appeal.

Those advantages can become disadvantages for the unwary, however. To ensure the process is fair to all parties and limit the odds of a successful appeal to a court, arbitrators may be inclined to give more latitude to the parties throughout the process and allow more oral and other evidence to be presented than their judicial counterparts in a typical open-court setting. That possibility has the potential to slow the process (both before and at the hearing), increase costs and delay the ultimate decision.

Before entering an arbitration agreement, each party must therefore carefully consider various trade-offs between arbitration and a court or other venue. For example, the process could be faster in arbitration yet take longer and cost more than one might have thought at the outset. Though there may be comfort in having some control over arbitrator/panel selection (in contrast to a judge being assigned to the case), the arbitration and range of evidence allowed may nonetheless become expansive. Separately, while maintaining privacy over business information, past conduct and the decision itself may be welcome, a court-decided public decision sometimes has precedential benefits too.

 

 

Link to comment
Share on other sites

3 minutes ago, Hookowl said:

 

It just so happens I've written a paper on this exact subject:-

As arbitration has become an increasingly popular method for resolving business disputes, international caseloads have been rising at almost nine percent a year.1 Arbitrators routinely decide cases worth hundreds of millions or even billions of dollars and arbitration is frequently billed as being cheaper and faster than litigation, with the added benefits of privacy, shorter timelines and finality. An arbitrator (or panel), although obviously bound by the operative law and the contractual or other framework governing the parties’ relationship, may find greater latitude in weighting the relevant business realities and financial perspectives that are brought to bear in the arbitration hearing. An arbitrator’s decision is typically sealed and represents the last word, with limited rights of appeal.

Those advantages can become disadvantages for the unwary, however. To ensure the process is fair to all parties and limit the odds of a successful appeal to a court, arbitrators may be inclined to give more latitude to the parties throughout the process and allow more oral and other evidence to be presented than their judicial counterparts in a typical open-court setting. That possibility has the potential to slow the process (both before and at the hearing), increase costs and delay the ultimate decision.

Before entering an arbitration agreement, each party must therefore carefully consider various trade-offs between arbitration and a court or other venue. For example, the process could be faster in arbitration yet take longer and cost more than one might have thought at the outset. Though there may be comfort in having some control over arbitrator/panel selection (in contrast to a judge being assigned to the case), the arbitration and range of evidence allowed may nonetheless become expansive. Separately, while maintaining privacy over business information, past conduct and the decision itself may be welcome, a court-decided public decision sometimes has precedential benefits too.

 

 


is that written a paper or written on paper because they are two very different things!! lol

  • Haha 1
Link to comment
Share on other sites

2 minutes ago, Morepork said:


is that written a paper or written on paper because they are two very different things!! lol

 

Actually it's neither....................................................it's a new concept I have devised........................................I call it copy & paste :rolleyes:

  • Haha 2
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...