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Thread: Ashworth - taking us to arbitration

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  1. #1
    Join Date
    Apr 2006
    Posts
    9,594
    I’m actually quite comfortable with our case if this goes to arbitration… I think it is pretty obvious and in the cold light of day it actually comes across as more of a desperate attempt than something they have any real belief will help them.

    At the crux of this we are talking about ‘non compete’ clauses in contractual law.

    This is not a football specific issue, anything that is decided here could be brought up by anyone in any field of work in the UK.

    Man Utd, as the league table showed last season and this season, are direct competitors with NUFC… they can try and live in their glory days and wish we were still under Ashley, but these days we are very similar in the table, but even if that were not the case, we’re in the same league which should be enough to prove it.

    We paid a lot (as I said earlier) and his stock has risen, they’ve described him as one of the very best… there’s no arguing against his value.

    Finally, I don’t think we can be forced to just roll over and accept any outcome, we could just as easily lodge an appeal if we don’t get what we want and tie him up beyond the summer window.

    If they want to try and be cute and involve external bodies, we can do the same.

  2. #2
    Join Date
    Dec 2006
    Posts
    15,737
    Having thought more about this, you can’t TAKE anyone to arbitration like you can take someone to court. Arbitration is when 2 parties can’t agree on a price (in this case) and so they both agree to let a third party decide what a fair price should be.
    It’s like, somehow, Manyoo think we are obliged to enter negotiations with them over Ashworth. The cheek of it.
    There’s a contract that he signed with us. If he made a mistake signing it then maybe he (as well as Manyoo) should put his hand in his pocket and try to buy his way out of it.

  3. #3
    Join Date
    Mar 2018
    Posts
    3,540
    Quote Originally Posted by toptoon View Post
    Having thought more about this, you can’t TAKE anyone to arbitration like you can take someone to court. Arbitration is when 2 parties can’t agree on a price (in this case) and so they both agree to let a third party decide what a fair price should be.
    It’s like, somehow, Manyoo think we are obliged to enter negotiations with them over Ashworth. The cheek of it.
    There’s a contract that he signed with us. If he made a mistake signing it then maybe he (as well as Manyoo) should put his hand in his pocket and try to buy his way out of it.
    ....fair market price, 3rd party arbitrator. The coont will probably request it be the PL cartel.

  4. #4
    Join Date
    Apr 2006
    Posts
    9,594
    Quote Originally Posted by toptoon View Post
    Having thought more about this, you can’t TAKE anyone to arbitration like you can take someone to court. Arbitration is when 2 parties can’t agree on a price (in this case) and so they both agree to let a third party decide what a fair price should be.
    It’s like, somehow, Manyoo think we are obliged to enter negotiations with them over Ashworth. The cheek of it.
    There’s a contract that he signed with us. If he made a mistake signing it then maybe he (as well as Manyoo) should put his hand in his pocket and try to buy his way out of it.
    You’re right, they can’t, but I think both parties have to agree on the arbitration process before it can even begin… which includes who will be running it.

    After this the next step would be to go to court if the decision of an arbitrator isn’t enacted.

    Typically the court would look poorly on the party that rejected ann arbitrators decision, but that would only matter if the contract is not solid.

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