RE: Seems weighted in NCM s favour30 Jan 2022 13:32
As I understand it, the arbitration is to decide which of the two valuations rule. Not to give a third one to use. The whole process is designed to prevent 'low ball' offers or silly high ones too.
So, assuming everyone is working off the same base data, the Arbitrator will come up with his value of say 'X'.
Now if NCM decide to 'low ball' their offer and they put up 0.3X vs a reasonable 1.1X from us, then our value will rule.
Likewise if we decide to put up a silly high offer of 3X vs a reasonable 0.9X from MCN, then their value will rule.
ALL this will tend towards both sides putting up reasonable offers. i.e. if we go too high, our offer will be further away from the arbitrator's and therefore NCM will get their valuation, Likewise if NCM go too low, the same things happen and our valuation will win. If each side plays fair we get a win win all round.