I'm familiar generally with arbitration in the US but have no experience with international arbitration under these circumstances.
I have 2 questions on the issue of fairness/shareholder interest.
(1) When fashioning an award against VZ, CAN the arbitrators consider what would be left to the shareholders? Or are they limited to specific numbers regarding the gold and what KRY contributed to VZ social projects?
In other words, would they have access to or knowledge of the financing KRY undertook to finance the arbitration and fashion an award that would pay off the bondholders and give us something?
I understand that they cannot consider everyone individually (some of us may break even/profit at .20 while others need $3.00), but could they look at everything and conclude, for example, that the shareholders at least deserve a $1 per share.
MORE INTERESTINGLY...
(2) If the arbitrators CANNOT consider financing/shareholders when issuing an award, as a practical matter, in the interest of faireness, WOULD THEY?
Hell, I know of judges and arbitrators that do unusual things all the time, maybe things that technically they shouldn't, in the interest of FAIRNESS.
Again -- I have NO experience with a legal dispute of this nature. Thanks in advance to anyone who can answer these questions.
