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Armstrong and his lawyers must now consider his next step: whether to appeal, proceed with arbitration, accept USADA sanctions or challenge USADA's proceedings before the Court of Arbitration for Sport in Switzerland.
See id.Prohibitive costs must be more than just making vindication of federal statutory rights more difficult or lower incentives to proceed with arbitration, but instead be so costly that they operate as functional immunity for one party.
The Chinese government has once again expressed its firm position of non-recognition and non-acceptance of any decision by that court, emphasizing that "the Ad Hoc Court has no jurisdiction whatsoever over this case and other related issues and therefore it should not proceed with arbitration nor make any decision thereupon".
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But while they are protesting, Corvex and Related are hedging their bets and proceeding with arbitration on a parallel track.
Despite China's refusal to participate in the proceedings, the tribunal judges (under Art. 9, Annex VII) have proceeded with arbitration, but will (under Art. 5, Annex VII) continue to provide Beijing the opportunity to present its case through informal channels like, say, positions papers and statements by Chinese public officials.
The injunction, granted on Wednesday, allows the two to proceed with what is known as baseball arbitration, in which an arbitrator declares one side or the other the winner.
A federal appeals court is expected to rule this year on whether the families can proceed with their lawsuit or be forced into arbitration with Blackwater, an outcome the company prefers, according to the families' lawyer, Daniel Callahan of California.
If the state court stayed litigation pending arbitration but declined to compel the Hospital to arbitrate, Mercury would have no sure way to proceed with its claims except to return to federal court to obtain a § 4 ordera pointless and wasteful burden on the supposedly summary and speedy procedures prescribed by the Arbitration Act.
So proceed with caution.
Still, proceed with caution.
And finally, proceed with humility.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com