He noted that since the APC found veritable reasons to review the outcome of the governorship primary, and was able to
establish valid grounds to cancel the exercise as well as call for a fresh one, the decision to deviate from the panel's decision was a negation of due process and «an unfashionable hollow in democratic best practices.»
Of course, once there is an appeal, you are basically back to square zero and have to
establish that the default judgment is
valid and that they have no shown
valid grounds for setting it aside (which they probably haven't), by following the proper appellate process.
The Federal Arbitration Act (the Act) makes arbitration agreements «
valid, irrevocable, and enforceable, save upon such
grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2,
establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.