[LU] Arbitration isn't about keeping anybody happy

[magardiner at aol.com]

Message: 11
Date: Mon, 28 Apr 2008 18:47:54 +0100
From: "dunderhead" <dunderhead at oncoms.com>
Subject: [LU] Arbitration isn't about keeping anybody happy
To: <leedslist at list.zetnet.co.uk>
Message-ID: <027501c8a958$01132ff0$03398fd0$@com>
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AFAIK the arbitration will consider the legality of the points deduction,
not the fairness of the points deduction. This is consistent with most legal
arguments in the UK, i.e. it's a question of lawfulness, rather than
fairness.

So the arbitration should not under any circumstances consider any
consideration of what might be fair to Leeds, the FL, or any other club.

Thus we shouldn't see any of the loony ideas like four up, three up without
the play-offs etc. etc. - as an exceptional "compromise." To do otherwise
would simply pile pelion upon ossa.

It's all or nowt, therefore. 

Dunderhead

Sadly, Dunders, you're not all right there.? Oh, doubtless you're correct that "Arbitration isn't about keeping anybody happy" -- and certainly not about making everybody happy.? But, also certainly, it isn't?necessarily "a question of lawfulness, rather than fairness."

The words "Arbitration" and "Arbitrator" share a root with the word "Arbitrary."? And unfortunately, that is quite frequently exactly what Arbitrations and Arbitrators are:? arbitrary.? Indeed, one of the perceived advantages of arbitration is that arbitrators are empowered NOT to follow the law and are, on the contrary, given a nearly Chancery-like power to do equity -- to do what's "fair."? (While it may be different over on your side of the pond, over here there is very little check on the powers of an arbitrator.)??

The problem, of course, is that what one (or three) arbitrators may consider "fair" might be quite different from what YOU consider fair...or, more importantly, what I consider fair.? ;-)

Inasmuch as the League?itself is one of the?parties to the?Arbitration proceeding the range of possible remedies available to the panel would seem to be limited only by their imagination.? It?would, it seems, include "three up" with or without play-offs and all sorts of other "loony ideas."

One that?I, personally, find intriguing is to give us back 7 points -- just under half the penalty -- thus creating a one match "play off" for automatic promotion between us and Doncaster with both of us playing relegation candidates in that "play off."? 

MAG
San Diego Whites


















Sadly, Dunders, you're not quite right on that.  Oh, you're right that "Arbitration isn't about keeping anybody happy."  That's for certain.  But it isn't necessarily "a question of lawfulness, rather than fairness.  The word "Arbitration" shares a root with the 


The word "Arbitration" shares a root