You can't claim misinformation, and then not point out what exactly is wrong. This site is supposed to discuss things, not make tendentious assertions (or combine them with phony charts).
"If they lose the case they are sunk" - why?
" If they don't GPR appear as thought they would move from arbitration to litigation" - see below, you cannot litigate endless after losing an arbitration I'm afraid, although they could pursue frivolous appeals. But I'm sure your lawyers have explained this all to you, and you are hoping RIM settle for mediation against what seems a weak claim.1. Arbitration Finality
Most commercial arbitration frameworks (likely adopted by Rimfire and GPR) provide that:
The award is final and binding on the parties.
There is no general right of appeal.
This means that after a clear loss in arbitration, GPR would normally have to accept the result, including any costs awarded.
2. Limited Grounds for Court Challenge (Set-Aside Applications)
GPR could attempt to challenge the arbitration award in court, but the grounds are extremely narrow and rarely succeed.
Typical valid grounds include:
Serious procedural unfairness (e.g., not being heard properly).
Arbitrator exceeded their powers.
Award was induced by fraud.
Manifest disregard for due process.
Australian courts are very reluctant to overturn arbitration outcomes unless one of these exceptional grounds is proven.
3. No Endless Litigation
GPR cannot re-litigate the same issues in court after losing in arbitration.
Res judicata (issue preclusion) applies—once resolved, the issues cannot be re-opened.
Attempts to restart or relitigate in other jurisdictions or forums would likely be dismissed as an abuse of process.
4. Strategic Friction Tactics Still Possible
While endless litigation is not legally viable, GPR might:
Delay enforcement of the award by filing frivolous appeals, which courts may quickly dismiss (but this buys time).
Threaten parallel claims (e.g., defamation, tortious interference) in different legal frameworks, though this carries costs risks and may be barred.
However, this is commercially risky:
Costs orders can be awarded against vexatious or frivolous claimants.
Reputation as a bad faith litigant could be further damaged.
ASIC and the courts may view this as abuse of process.
5. Realistic Post-Loss Scenario
Rimfire enforces the award.
GPR accepts or minimally contests, then moves on.
Limited commercial leverage remains for GPR after a clear loss.
Conclusion
While GPR could technically attempt to frustrate enforcement, the legal system prevents endless litigation once a final arbitration award is issued.
If GPR loses heavily, their realistic options are very limited beyond short-term procedural stalling.
Add to My Watchlist
What is My Watchlist?
