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Yes. The arbitration was proceeding but the arbitrator wasn't making them prove a breach based upon our contract. It was as if his mind was made up. The AAA will now select another arbitrator to proceed. Though some discovery is done, CBH passed around privileged mail and became aware of our position and used it to prepare legal strategy, nearly identical to Rico v. Mitsubishi, (it may be the other way around, Mitsubishi v. Rico). Arbitration will continue, apparently, but I would like some of the wasted money back since the experience level of the arbitrator and CBH should make it obvious they did not disclose to our detriment.
In selection of the arbitrator we were given a list of six and my counsel went through the bio's and the disclosures as well as past associations or what have you. Are we supposed to go beyond what they disclose about themselves with a background check? Is that burden on us to dig into their past? Most people don't have the resources to do that.