In accordance with the Rules, the Arbitrator was asked to decide whether the challenged Statements were an opinion or a fact. If, and only if, the Statement was determined to be a statement of fact, the Arbitrator was asked to further decided if, by a preponderance of the evidence, to determine if the Statement was true or false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.
In this case, the Arbitrator had the evidence submitted by both the Complainant to and the Author to consider.Complainant’s Witness Statements and supporting documentation, as well as the Author’s Response and supporting documents.
Each Statement challenged by the Complainant has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author did provide a response to the Complaint.
The Arbitrator determined that the certain statements challenged in the Report were false. Therefore, according to the VIP Arbitration Rules, those statements have been redacted.
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In accordance with the Rules, the Arbitrator was asked to decide whether the challenged Statements were an opinion or a fact. If, and only if, the Statement was determined to be a statement of fact, the Arbitrator was asked to further decided if, by a preponderance of the evidence, to determine if the Statement was true or false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.
In this case, the Arbitrator had the evidence submitted by both the Complainant to and the Author to consider.Complainant’s Witness Statements and supporting documentation, as well as the Author’s Response and supporting documents.
Each Statement challenged by the Complainant has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author did provide a response to the Complaint.
The Arbitrator determined that the certain statements challenged in the Report were false. Therefore, according to the VIP Arbitration Rules, those statements have been redacted.