Hi SO,
Unless there is a breach of legal procedure, then no appeal can be made...the arbitrators decision is final and binding. RM has confirmed that the arbitrator on our case is a 'stickler', so a procedural breach is unlikely.
Arbitration cases are often resolved without the need for the arbitrator to make a ruling. Once the case has been heard, both parties will have a very good feel for the strength of their claim/defense and the arbitrator would be nudging them to come to an agreement without having to go all the way.
Probably the biggest reason the case could get dragged out might be because Mylan think POH may not last the distance financially but there is a time limit on that once the hearing is done...it is then in the hands of the arbitrator or the parties to find common ground before a final ruling is made. Maybe six months, but certainly not years. Whilst we don't know the outcome of the CR, I quietly confident RM will have got the job done. We'll know about that aspect pretty soon.
One could make a case that if Mylan are too hard nosed in terms of any possible negotiation and that aspect stalls an outcome, which ultimately requires the Arbitrator to finally make his ruling, then that scenario may accrue more damage to POH under the claims made and therefore potentially work against Mylan and may see them cop a heftier payout compared to being more reasonable earlier.
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