Well, if it was “binding arbitration”, this fight is over. Otherwise, it’s just beginning.
Yeah, another deranged NT’er, this time masquerading as an arbitrator.
“A source with the Trump campaign told ABC News that Trump intends to appeal the ruling.”
Certainly doesn’t seem like its binding... Looks like this is just the process they sometimes force civil litigation through attempting to keep things from going to court proper court.
I don’t think arbitration can be binding unless it was agreed to by both parties in some form of contract beforehand. But I could be wrong.
I’ve been through non-binding arbitration procedures representing a company that I worked for for almost 15 years.
That incident was non-binding. I suspect the TRump/Manigault arbitration is also “non-binding”.
Without finding President Trump guilty of any offense, I cannot see how a court could force Trump in a binding arbitration.
Perhaps not. A reviewing court could find the arbitrator exceeded his authority when he awarded her attorney fees.
The American Arbitration Association’s Commercial Arbitration Rules, the gold standard in the U.S., provide fees can be awarded by the Arbitrator where the agreement so specifies, if the parties later agree to such an award, or if otherwise mandated by law.
If a court is asked to determine if the NDA is enforceable, it seems unlikely it will second-guess the arbitrator's finding that the NDA is unenforceable. That is a tough outcome especially if Trump used his high-paid NY legal counsel to draft the agreement.
However, I think on the face of the little we know it appears Arbitrator did not have authority to award fees and Trump may prevail on that issue.