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Arbitration


Guest Grandad

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1 hour ago, HarrowbyOwl said:

Confidentiality is one of the attractions of arbitation over litigation. Usually all proceedings are confidential and even arbitration awards can be kept cofidential, 

But in the EFL case its seems not. Here's what EFL APPENDIX 2 - PROCEDURAL RULES says:

20.1 Subject to Rule 20.2, any Applicable Tribunal shall be entitled to publish any judgment, decision or award.

20.4 All evidence given and any other elements of the case record (for example pleadings, documents, correspondence, statements and submissions) shall, subject to Rule 20.1, be confidential.

 

 

I had to read this about twenty times but, from what I can make out:-

The Applicable Tribunal are entitled to publish any judgment, decision or award as long as the grounds for any judgment, decision or award remains confidential.

 

So, the Applicable Tribunal doesn't even have to publish any judgment, decision or award let alone set out the reasons as to why they arrived at their conclusion.

 

So apart from maybe a "gulty" or a "not gulity" (if the Applicable Tribunal feel like it), we won't hear anything at all.

 

I hear the clip-clop of hooves as a coach and horses is driven through this one.

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6 minutes ago, Musn't Grumble said:

 

I had to read this about twenty times but, from what I can make out:-

The Applicable Tribunal are entitled to publish any judgment, decision or award as long as the grounds for any judgment, decision or award remains confidential.

 

So, the Applicable Tribunal doesn't even have to publish any judgment, decision or award let alone set out the reasons as to why they arrived at their conclusion.

 

So apart from maybe a "gulty" or a "not gulity" (if the Applicable Tribunal feel like it), we won't hear anything at all.

 

I hear the clip-clop of hooves as a coach and horses is driven through this one.

Would have thought the grounds would have to be part of the judgment, but documentation, witness statements and the like remain confidential

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Guest LittleG
2 hours ago, HIGHERSTATE said:

Get a reight score on scrabble with that

Equalize is also a high scoring word, not a word we use much with our team!

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31 minutes ago, asteener1867 said:

So the aforementioned tribunal hencetoforth to be called The abovementioned tribunal do not have a legal obligation to publish the findings of the above aforementioned tribunal Hencetoforward. ..ly

? ??

 

Untowardly speaking of course 

Edited by BullitsAA
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1 hour ago, nevthelodgemoorowl said:

Binding or Advisory ?

 

Well I've always understood :-

 

Consiliation/mediation = advisory.

 

Arbitration = binding on both parties.

 

Could well be wrong though as I often am. (Just ask my missus:rolleyes:)

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