Elwood P Dowd Posted February 1, 2022 Share Posted February 1, 2022 2 minutes ago, Curtains said: This is the bit I worry about even though I’m not clear still if it’s EFL arbitration process that’s happening that’s why Rams Trust letter is important 101.1 If the arbitrators fail to agree on any issue they shall decide by a majority and a majority decision shall be binding on all of them. No dissenting judgment shall be produced. Do we even know If WW and Boro are being arbitrated separately or jointly, if jointly will they appointment an arbitrator each or will it be a single arbitrator. I am sure everyone can see how unfair the process could be, especially taking in consideration clause 101.1, if the claims are arbitrated jointly and WW and Boro each appoint their own arbitrator. It would be good to have clarity and an overview of the arbitration process, the EFL not only need to be fair, they need to be SEEN to be fair, the EFL is under the microscope. RAM1966 1 Link to comment Share on other sites More sharing options...
RadioactiveWaste Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, Animal is a Ram said: Snap. For it to get this far, they must be very confident they stand a chance. We can only speculate and hope. My gut tells me it's an email leaked to them. I think Couhig might possibly be going with the accounts not filed at companies House argument but I think he must have something else. The Boro stuff from Mr Stephen, again, given the language they've been using I suspect they're in possession of some kind of email/document they think proves "systemically cheating" - although given iteas the pride park sale they went after their damming evidence might be a busted flush or deemed not relevant or something. We have to wait and see. Even stacked against that, supposing the claims have incontrovertible proof (I know, but it's a thought experiment) - the arbitration will weigh that against the current insolvency and financial position of DCFC and most likely not award anything with no hope of it ever being paid due to liquidation. Arbitration awards £10m+ in damages, DCFC are liquidated, no one is happy, the arbitration has failed as a resolution. Maharan 1 Link to comment Share on other sites More sharing options...
Maharan Posted February 1, 2022 Share Posted February 1, 2022 11 minutes ago, RadioactiveWaste said: There's something about it that keeps niggling me. Like Boro and Wycombe think they have some kind of smoking gun evidence to bust out in the hearing. We'll see. Yeah, I have the same feeling. It just doesn’t add up otherwise. RadioactiveWaste 1 Link to comment Share on other sites More sharing options...
Curtains Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, Elwood P Dowd said: Do we even know If WW and Boro are being arbitrated separately or jointly, if jointly will they appointment an arbitrator each or will it be a single arbitrator. I am sure everyone can see how unfair the process could be, especially taking in consideration clause 101.1, if the claims are arbitrated jointly and WW and Boro each appoint their own arbitrator. It would be good to have clarity and an overview of the arbitration process, the EFL not only need to be fair, they need to be SEEN to be fair, the EFL is under the microscope. I agree and I now think it’s clear it’s the EFL arbitration process we are using first RamsTrust @RamsTrust · 52m These are the EFL's arbitration regulations: https://efl.com/-more/governance/efl-rules--regulations/efl-regulations/section-9--arbitration/ Elwood P Dowd 1 Link to comment Share on other sites More sharing options...
RoyMac5 Posted February 1, 2022 Share Posted February 1, 2022 Just now, Maharan said: Yeah, I have the same feeling. It just doesn’t add up otherwise. Why what have they to lose but face, leaving their claims in? StarterForTen, Tamworthram and RadioactiveWaste 3 Link to comment Share on other sites More sharing options...
Maharan Posted February 1, 2022 Share Posted February 1, 2022 Just now, RoyMac5 said: Why what have they to lose but face, leaving their claims in? It’s a lot of credibility to lose if the case is as nonsensical as people think it is. If I were in their position I wouldn’t want to annoy the rest of the league without some kind of merit. Link to comment Share on other sites More sharing options...
Crewton Posted February 1, 2022 Share Posted February 1, 2022 If they win, it'll be the very definition of a pyrrhic victory : DCFC will liquidate, they may get a few pence in the £ from the EFL fund, all other unsecured creditors will get nothing and Gibson and Couhig will be reviled by at least 50,000 people till the end of their days. jono, r_wilcockson and Maharan 3 Link to comment Share on other sites More sharing options...
Elwood P Dowd Posted February 1, 2022 Share Posted February 1, 2022 2 minutes ago, RoyMac5 said: Why what have they to lose but face, leaving their claims in? It’s worse than that, as it stands, they have nothing to gain we have no money to give them even if they win ?♂️?♂️?♂️?♂️ Crewton and Gritstone Tup 1 1 Link to comment Share on other sites More sharing options...
i-Ram Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, RoyMac5 said: Why what have they to lose but face, leaving their claims in? I agree, there is no jeopardy for them if it goes down the EFL LAP route. Some modest costs, but worth a punt. It becomes a lot tricky for them if it goes to civil court opening up a bigger drain of cash, and the opportunity for counter action if their claims are found to be frivolous. r_wilcockson, Curtains, jono and 3 others 1 1 4 Link to comment Share on other sites More sharing options...
RadioactiveWaste Posted February 1, 2022 Share Posted February 1, 2022 3 minutes ago, RoyMac5 said: Why what have they to lose but face, leaving their claims in? It's true that this is costing them virtually nothing and they're not at risk of anything other than grumpy tweets whist causing significant difficulty for DCFC. Still think they have something up their sleeves. atherstoneram 1 Link to comment Share on other sites More sharing options...
Tamworthram Posted February 1, 2022 Share Posted February 1, 2022 13 minutes ago, Animal is a Ram said: Snap. For it to get this far, they must be very confident they stand a chance. Why? What have they got to lose (unless there are significant costs associated )? Their only alternative is to just let it drop now that the Administrators are playing hard ball and not just rolling over and agreeing a settlement. r_wilcockson and RadioactiveWaste 2 Link to comment Share on other sites More sharing options...
RoyMac5 Posted February 1, 2022 Share Posted February 1, 2022 4 minutes ago, Maharan said: It’s a lot of credibility to lose if the case is as nonsensical as people think it is. If I were in their position I wouldn’t want to annoy the rest of the league without some kind of merit. So they let their claims continue and they end up being 'dismissed' (don't know how that process might occur), they just say 'we still think we were cheated out of '******* fill in the blanks'. There's been no credibility in their claims anyway, I'd be amazed if most of the other clubs thought there was. Tamworthram 1 Link to comment Share on other sites More sharing options...
Tamworthram Posted February 1, 2022 Share Posted February 1, 2022 2 minutes ago, Elwood P Dowd said: It’s worse than that, as it stands, they have nothing to gain we have no money to give them even if they win ?♂️?♂️?♂️?♂️ Surely if they win and are confirmed as football creditors they then hold all the cards and can either force us into liquidation (unlikely I would have thought) or force the administrator/preferred bidder to agree a lesser amount than they were originally claiming. That was probably always Middlesbrough’s intention anyway. Anyone with any sense at all (assuming Gibson has some) will know there was never anyway we could pay the full amount they were after. Link to comment Share on other sites More sharing options...
Curtains Posted February 1, 2022 Share Posted February 1, 2022 6 minutes ago, RadioactiveWaste said: It's true that this is costing them virtually nothing and they're not at risk of anything other than grumpy tweets whist causing significant difficulty for DCFC. Still think they have something up their sleeves. I hate to be negative but hope the Administrators have this right with this course of action. RadioactiveWaste 1 Link to comment Share on other sites More sharing options...
StaffsRam Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, RoyMac5 said: So they let their claims continue and they end up being 'dismissed' (don't know how that process might occur), they just say 'we still think we were cheated out of '******* fill in the blanks'. There's been no credibility in their claims anyway, I'd be amazed if most of the other clubs thought there was. All the other clubs are off doing their own frantic calculations. “If we sue x for £x, will that be more or less than y suing us for £y?” The whole things a joke. Anything other than a result in our favour kills not just us but the game itself as a sporting contest. A better advert for why the EFL needs taking down to the bottom of the farthest field with a bolt gun you’ll never find. Alty_Ram, r_wilcockson, Mucker1884 and 1 other 1 3 Link to comment Share on other sites More sharing options...
Curtains Posted February 1, 2022 Share Posted February 1, 2022 Just seems to be a step to take before costly Civil case Link to comment Share on other sites More sharing options...
StarterForTen Posted February 1, 2022 Share Posted February 1, 2022 2 minutes ago, RoyMac5 said: There's been no credibility in their claims anyway, I'd be amazed if most of the other clubs thought there was. Bang on. If other clubs thought they had credibility, they would be banging in claims too. At the moment Wycombe and Boro have merely bought a ticket in the Weekly Meat raffle at the EFL Arms. They may end up with a side of lamb for the freezer; might be a pack of sausages, or - most likely - not even a pork scratching. (If they do win, I hope they get a plate of tripe) Tamworthram, i-Ram, RoyMac5 and 1 other 1 3 Link to comment Share on other sites More sharing options...
RoyMac5 Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, Curtains said: Just seems to be a step to take before costly Civil case I'm sure. Boro & Wycombe don't actually want their vexatious claims to cost them anything. Tamworthram and EtoileSportiveDeDerby 1 1 Link to comment Share on other sites More sharing options...
StaffsRam Posted February 1, 2022 Share Posted February 1, 2022 1 minute ago, Curtains said: Just seems to be a step to take before costly Civil case We win - will Boro want a civil case, knowing that they couldn’t even get a decision here? Boro win - definite civil court case as the chances of them being able to prove that they were more likely to have gone up than not is nigh on impossible. Link to comment Share on other sites More sharing options...
Mucker1884 Posted February 1, 2022 Share Posted February 1, 2022 4 minutes ago, Curtains said: I hate to be negative but hope the Administrators have this right with this course of action. That's not negative at all ... unless you think they don't? ? Link to comment Share on other sites More sharing options...
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