Arbitrator in Landis Case Kept in the Dark
05-09-07, 02:26 PM
#1
Senior Member
Thread Starter
Join Date: Dec 2005
Posts: 3,481
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Arbitrator in Landis Case Kept in the Dark
Wow. An arbitrator, who is described as "Landis' arbitrator" (which i assume means Landis got to "ok" him being added to the panel), was excluded from a key ruling last week.
https://www.latimes.com/sports/printe...ines-pe-sports
Well, I can answer Mr. Bailey's question. Why would they exclude this guy at the risk of not appearing unbiased? Because they wanted to make sure they could include more "positive" tests to guarantee Landis would lose the case. And according to another news report, this arbitrator has been a "dissenter" in favor of an athlete a few times before. Landis is being set up here.
https://www.latimes.com/sports/printe...ines-pe-sports
The excluded arbitrator, Bay Area attorney Christopher L. Campbell, vehemently protested in a written dissent that the others had not informed him they intended to confer on the matter before they issued the ruling May 1.
The "unprecedented and entirely inappropriate" action, Campbell wrote, "sends a clear message that the majority is unwilling to hear and consider valid arguments regarding a dispute."
Experts in arbitration law said Tuesday that the exclusion of one party's arbitrator from any deliberation is highly unusual and could raise doubts about the panel's commitment to fairness. "It's perplexing why the panel would not want to make sure every ounce of due process was afforded to Landis," said Robert G. Bailey, an arbitration expert at the University of Missouri School of Law.
The "unprecedented and entirely inappropriate" action, Campbell wrote, "sends a clear message that the majority is unwilling to hear and consider valid arguments regarding a dispute."
Experts in arbitration law said Tuesday that the exclusion of one party's arbitrator from any deliberation is highly unusual and could raise doubts about the panel's commitment to fairness. "It's perplexing why the panel would not want to make sure every ounce of due process was afforded to Landis," said Robert G. Bailey, an arbitration expert at the University of Missouri School of Law.
05-09-07, 04:15 PM
#3
Senior Member
Join Date: Sep 2005
Posts: 821
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by donrhummy
Why would they exclude this guy at the risk of not appearing unbiased? Because they wanted to make sure they could include more "positive" tests to guarantee Landis would lose the case. And according to another news report, this arbitrator has been a "dissenter" in favor of an athlete a few times before. Landis is being set up here.
05-09-07, 04:35 PM
#4
rider of small bicycles
Join Date: Dec 2003
Location: Rochester, New York
Posts: 1,687
Bikes: Cannondale
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 1 Time
in
1 Post
guys ... guys ... you don't really think he's innocent, do you?
two words ... "exogenous testosterone"
Mark
two words ... "exogenous testosterone"
Mark
05-09-07, 04:48 PM
#5
Prefers Aluminum
Join Date: Feb 2005
Location: Honolulu
Posts: 2,669
Bikes: Wife: Trek 5200, C'dale Rush Feminine, Vitus 979 Me: Felt S25, Cervelo Soloist, C'dale Killer V500, Miyata Pro (fixie)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
1 Post
I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
05-09-07, 04:59 PM
#6
Senior Member
Join Date: Oct 2002
Location: Huntersville, NC
Posts: 111
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by Sprocket Man
I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
I'm pretty sure Campbell is one that was selected by Hamilton as well.
05-09-07, 09:06 PM
#7
Senior Member
Thread Starter
Join Date: Dec 2005
Posts: 3,481
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by geneman
guys ... guys ... you don't really think he's innocent, do you?
two words ... "exogenous testosterone"
Mark
two words ... "exogenous testosterone"
Mark
05-09-07, 09:07 PM
#8
Senior Member
Thread Starter
Join Date: Dec 2005
Posts: 3,481
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by Sprocket Man
I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
05-09-07, 09:09 PM
#9
Nonsense
Join Date: Sep 2004
Location: Vagabond
Posts: 13,918
Bikes: Affirmative
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 880 Post(s)
Liked 541 Times
in
237 Posts
Originally Posted by geneman
guys ... guys ... you don't really think he's innocent, do you?
two words ... "exogenous testosterone"
Mark
two words ... "exogenous testosterone"
Mark
05-09-07, 09:12 PM
#10
Senior Member
Join Date: Aug 2006
Location: Nor-Cal Bay Area
Posts: 5,088
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by KramerTC
Isn't this the same Campbell that was the lone dissenter in the decision to ban Hamilton?
Does that have something to do with this instance?
05-09-07, 09:20 PM
#11
Senior Member
Join Date: Oct 2002
Location: Huntersville, NC
Posts: 111
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by BigSean
Does that have something to do with this instance?
05-10-07, 07:11 AM
#12
No one carries the DogBoy
My understanding of arbitration is that party 1 picks someone, party 2 picks someone, and then the two selected arbiters select the third.
05-10-07, 08:50 AM
#13
Senior Member
Originally Posted by KramerTC
Yes!!! "Expert for hire" doesn't ring a bell to you?
05-10-07, 08:55 AM
#14
Senior Member
Join Date: Sep 2005
Posts: 821
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by asgelle
Do you know anything about what goes into being certified as an arbitrator? These aren't guys picked up off the street. They are trained, tested, and their rulings reviewed. Hardly "expert for hire".
05-10-07, 08:57 AM
#15
pan y agua
Join Date: Aug 2005
Location: Jacksonville
Posts: 31,304
Bikes: Willier Zero 7; Merlin Extralight; Calfee Dragonfly tandem, Calfee Adventure tandem; Cervelo P2; Motebecane Ti Fly 29er; Motebecanne Phantom Cross; Schwinn Paramount Track bike
Mentioned: 17 Post(s)
Tagged: 0 Thread(s)
Quoted: 1447 Post(s)
Liked 728 Times
in
373 Posts
Originally Posted by donrhummy
It's like picking a jury. You get to OK some and the prosecutor gets to ok some.
Actually, its not like picking a jury. You don't get to "pick" a jury; you get to deselect some jurors. Each side gets a set number of premptory strikes. (i.e. strikes other than for cause) After each side uses its strikes, the remaining jury panel members make up the jury that hears the case.
Typical arbitration, each side picks one arbitrator, and the 2 arbitrators selected by the parties select the third arbitrator.
05-10-07, 09:05 AM
#16
Senior Member
Originally Posted by skinny
So are umpires, and they all call their own strike zone.
