Comments Thread For: Haymon: Arbitrator Should Decide Golden Boy Lawsuit

[BIGPOPPAPUMP]

The terms of the agreement that helped pave the way for Al Haymon to launch his “Premier Boxing Champions” may also be what helps decide the lawsuit Golden Boy Promotions has filed against the powerful boxing adviser and manager.

Golden Boy filed its civil suit against Haymon, the investment firms backing PBC, and others in May, alleging unfair competition and a violation of the Sherman Antitrust Act.
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[Teetotaler]

So what does all this mean?

[King_]

I'm pre-law, I'm going to read this article and respond back what this all means in 10-15 min

[Beercules]

*All of NSB bust out their law degrees.*

[King_]

Basically instead of going to court, Haymon wants to hold an arbitration and reach an agreement that way, to avoid court. Which is basically a negotiation at a table between both parties and an arbitrator, someone who directs the negotiatons.



Cliffs: Haymon knows he's fu**ed

[Beercules]

Basically instead of going to court, Haymon wants to hold an arbitration and reach an agreement that way, to avoid court. Which is basically a negotiation at a table between both parties and an arbitrator, someone who directs the negotiatons.



Cliffs: Haymon knows he's fu**ed

Oh really? green K for you sir.

[MrRolltide91]

here we go...

[Mitchell Kane]

Hougigo posted a reddit thread with analysis by someone who says they are "an associate at a law firm in NYC" over in the Top Rank thread.

I'll just repost a bit of that...

Thread on reddit on GBP's case.

https://www.reddit.com/r/Boxing/comm...trust_lawsuit/

Really good update on the GBP case.

Thanks for posting that link, there's defintely some good stuff in there.

Here's some highlighst those NSB'ers on here who won't read all of it...

Since we last checked in, GBP dismissed Waddell & Reed (Haymon's financiers) from the lawsuit without prejudice (we'll come back to the probable reason). The Haymon defendants (I'll just use "Haymon") filed a motion to stay the proceedings (pause the litigation) pending the outcome of arbitration. GBP is expected to oppose that motion.

There are two initial issues: (1) are GBP's claims in this lawsuit subject to arbitration? (2) who decides - the court or the arbitrator?

First, are GBP's claims subject to arbitration?

...

My intuition is that these are new claims that are not subject to arbitration but I could easily see a judge going the other way.

On the second question (who decides if there is arbitration), courts defer to arbitrators only when the parties intent to arbitrate is plainly clear.

...

I think this question, in reality, will be determined by where the court comes out on the first question. That should not be the case, but it would be irrational for the court to decide these claims do not fall in the scope of the arbitration clause, but it's actually up to the arbitrator to decide.

If the court decides the arbitrator determines jurisdiction, the case could still come back if the arbitrator decides these claims are outside the scope of the settlement. GBP could also "appeal" the arbitrator's decision to the court, claiming that the arbitrator stepped outside of his/her authority.

As to dismissing Waddell & Reed as a defendant, they were dismissed without prejudice. That means GBP can join them to the lawsuit later or file a separate lawsuit against them. I believe they were trying to avoid looping Waddell into the arbitration in order to preserve a court case against them. It also might give GBP a better negotiating position for a settlement, as the arbitration won't decide claims against Waddell.

[Kagami Taiga]

Basically instead of going to court, Haymon wants to hold an arbitration and reach an agreement that way, to avoid court. Which is basically a negotiation at a table between both parties and an arbitrator, someone who directs the negotiatons.



Cliffs: Haymon knows he's fu**ed

I think u need to wait until u reach law school buddy. No such thing as pre law. Golden Boy tried to circumvent the arbitration process and Haymon and his team are arguing against it. Based on what the agreement with Golden Boy established, it certainly seems he has a legit point but both sides are filing motions. Very hard to make any determinationn on who's **** and who's not from what was presented in the article. It really has everything to do with exactly what was arbitrated between both sides in the original process, the details of which are unknown. But arbitration agreements are usually upheld by the court unless there is some form of duress. So basically it's up to the arbitrator.

[King_]

I think u need to wait until u reach law school buddy. No such thing as pre law. Golden Boy tried to circumvent the arbitration process and Haymon and his team are arguing against it. Based on what the agreement with Golden Boy established, it certainly seems he has a legit point but both sides are filing motions. Very hard to make any determinationn on who's **** and who's not from what was presented in the article. It really has everything to do with exactly what was arbitrated between both sides in the original process, the details of which are unknown. But arbitration agreements are usually upheld by the court unless there is some form of duress. So basically it's up to the arbitrator.

I only read the first two sentences before I came to my conclusion, but either way. I'm right