Well I would hope that it doesn't have to pay ERL any money. However, I tend to think (rightly or wrongly) that as soon as you have a dispute go to arbitration then you have the potential for a company like ERL to make such a strong and over the top demand that the arbitrator might be swayed a bit by their argument at least in part.
Now MXR has indicated that it thinks it is on very strong ground and has enough information to refute the claims that ERL has made in the dispute. If MXR has very strong proof then it may get away with not having to pay any compensation or money to ERL. I hope that is the case.
However, ERL will probably be able to identify some issues where MXR was possibly at fault or not able to perform the toll milling task as well as might have been expected. There were certainly a few teething issues at the beginning which meant the Mill was not operating at its best.
On that basis I think there might be a case for granting ERL some compensation by the arbitrator as a token gesture to resolve the dispute. That is all IMHO. I do not know all the details in the contract and whether there were clauses to cover unforeseen issues that lessened the performance of the Mill. I just have a hunch that there could be some minor amount awarded to ERL but certainly nowhere near the figure that ERL is reportedly seeking now.
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3 | 483479 | 0.026 |
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Price($) | Vol. | No. |
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0.032 | 70000 | 1 |
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