*Arbitration in Korea may defer to your own country’s law system, so it’d be great if you could accept as it says and try not to compare/adjust with your law system.
Arbitration refers : In order to solve an argument, the court intervenes in the parties involved by drawing agreements with mutual concessions so that the court can build bridges to the both parties.
– When one party applies for arbitration, the court can accept if it’s decided to be necessary, or reject it.
– If both parties have successful agreements by arbitration, the case can be concluded as a mutual settlement.
– If agreements are failed, hearings/trial begins again in order to make the judge’s ruling.
1. There were 4 times of arbitration by SM’s request in 2011. Jaejoong/Yuchun/Junsu have not applied for change of dates or arbitration. [Well SM had constantly requested changes of hearing dates before these arbitration. You may know the reason already – all SM wants is ‘not having the case concluded].
2. The arbitration failed to reach a mutual agreement, so hearings re-started in Jan 2012. [SM even applied for delay of hearing preparation date during this period too.]
Anyway, all hearings completed on June 19, 2012, and July 19, 2012 is announced for the date of the final ruling(rendition of judgement) of 1st trial.
3. Today (July 11), 8 days before the ruling, SM’s lawyers have submitted an application for arbitration. It can be accepted or rejected by the court’s decision.
Certainly HoTels are getting crazier than ever as the July 19 is coming, saying such things like JYJ is dragging the lawsuit or some kind of other rubbish. I can confirm that JYJ’s lawyers have never applied for any changes of dates or arbitration while SM is still doing so. Why would they? It’s SM who does not want this lawsuit finished, not JYJ. The members’ lawyers are the one who complained SM’s such behaviours (changing hearing dates, not bringing the witness in time so that the hearing was delayed) to delay the lawsuit in the court.
Anyway, it’s 8 days (soon to be 7 days in KST) before the ruling date, and just ask yourself this question. ‘If you were the one who was highly expected to win a lawsuit, would you apply for arbitration which took months, a week before final ruling date?’ SM’s intention seems so transparent that does not worth speaking of, but I just wanted to explain as OT5s/HoTels say some ridiculous things to defend SM.
Well as July 19 is coming forward, there will be anything about accepting or rejecting this soon so let’s wait couple of days more.