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League Reconstruction 20/21 season


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Taking a step away from firing off zingers at P&B nincompoops for a second: it may be a mistake for enemies of justice to delight in arbitration apparently being a home tie for the SPFL.

8j5ULW8.png

 

...so there shouldn't be any blazers on the panel. 

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1 minute ago, Wilbur said:

Aye but, at the same time, your heart just bleeds for wee Ann and her minder Leslie D.

I would hate to see them humiliated much more.

FTFY

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1 minute ago, aDONisSheep said:

Arbitration will be a bit like an informal court (which is why it needs proper legal representation).

As I understand it, it's not a negotiation at this time (that's more mediation), it's just a re-hash of the original arguments but with an 'impartial' arbiter making a ruling.

What I'm not sure about is whether or not one of the parties can go back to court if they don't like the arbiters decision.  Some seem to suggest they can only go back to court if arbitration has been conducted in an erroneous or impartial way.

Yours, not in the slightest bit a legal eagle.

aDONis

 

That's pretty much it. The default position is that there's a right of appeal (so back to the Court of Session) in the event of a legal error (which, if the result goes against Hearts/Thistle, there inevitably will be). 

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1 minute ago, SEETHING said:

Taking a step away from firing off zingers at P&B nincompoops for a second: it may be a mistake for enemies of justice to delight in arbitration apparently being a home tie for the SPFL.

8j5ULW8.png

 

...so there shouldn't be any blazers on the panel. 

It's the legal profession. It's blazers all the way down.

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1 minute ago, aDONisSheep said:

Arbitration will be a bit like an informal court (which is why it needs proper legal representation).

As I understand it, it's not a negotiation at this time (that's more mediation), it's just a re-hash of the original arguments but with an 'impartial' arbiter making a ruling.

What I'm not sure about is whether or not one of the parties can go back to court if they don't like the arbiters decision.  Some seem to suggest they can only go back to court if arbitration has been conducted in an erroneous or impartial way.

Yours, not in the slightest bit a legal eagle.

aDONis

 

I think they can only do that on a point of law. @Ad Lib will keep us right.

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7 minutes ago, Billy Jean King said:
10 minutes ago, Aladdin said:
There will be an outcome as it is arbitration as opposed to mediation.

As someone else has said, there is only limited circumstances in which an outcome from arbitration can be challenged.

So SFA can impose a solution as opposed to Hearts and Thistle having to agree ?

The independent arbitration panel impose the solution., which is final and binding.

The whole process is subject to the Arbitration (Scotland) Act 2010. An appeal to the courts is only possible if the process is not followed correctly, or a point of law is in dispute.

 

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7 minutes ago, bennett said:

Hopefully you're right. I saw reports that the judge had left it open for a return to court if arbitration failed.

 

 

I've probably misunderstood but i think it only goes back to the court for further 'action' if Hearts and Partick think it's not been correctly dealt with - is that correct?

Also, what's to stop the SPFL/ SFA placing a sanction that says that if Hearts/ Partick wish to go back to court after arbitration they can but that they would then need to forego their places in the 2020/21 season as it will be starting as planned? Still think it'll be a slap on the wrists and a suspended points action at the end of all this...

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Long story short; the lawyers knew there wasn’t a serious case but happily took the money being offered. The courts look at the detail for a couple of days, realised it was a lot of nonsense and told them to go and deal with it yourselves.

Somehow a bigger waste of money than hiring Neilson or Craig Gordon’s ghost.

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3 minutes ago, SEETHING said:

Taking a step away from firing off zingers at P&B nincompoops for a second: it may be a mistake for enemies of justice to delight in arbitration apparently being a home tie for the SPFL.

8j5ULW8.png

 

...so there shouldn't be any blazers on the panel. 

If SFA arbitration was bad for the SPFL then why did they stand up in court and argue for it?

You are forgetting that Hearts and Thistle haven't got a leg to stand on.

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1 minute ago, Jim McLean's Ghost said:

If SFA arbitration was bad for the SPFL then why did they stand up in court and argue for it?

You are forgetting that Hearts and Thistle haven't got a leg to stand on.

Anything to delay their inevitable defeat for a few more weeks imo. 

I've already covered the second point; keep up please.

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Another question for the experts, does the basis for arbitration differ in anyway from the court of session?

I.e. is this now more of a footballing matter rather than Companies Act, for example (I really have no idea, so apologies if a stupid question).

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3 minutes ago, Snifter Pee Rot said:

If Budge refuses any arbitration decision at the SFA I assume that means immediate league suspension. Kick the Gorgie barstewards out Rod!

The SFA will clean her clock imo.

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22 minutes ago, Aladdin said:

No award of expenses to United et al but Heart have got to pay 50% of SPFL's expenses.

 

22 minutes ago, die hard doonhamer said:

Hearts and Thistle have to pay half of the SPFL's legal costs for the hearing.

You got a link for confirmation of that? I know a few jambos that will be delighted to know this :lol:

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Just now, Savage Henry said:

I think it’s fair to say that now that they are offficially down, Hearts may never come back up again.

I'm all for banter mate but you can't seriously believe that? 

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