McHenry Appeal Finally Set For Hearing Oct 2017

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
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MSI
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McHenry Appeal Finally Set For Hearing Oct 2017

Post by MSI » Fri Jun 09, 2017 4:18 pm

The wheels of justice rotate slowly so finally after years of delay we may get our day in court!
Our Appeal is to be heard on this matter from October 25th to 27th 2017
May Justice be Served.
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Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
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(c) McHenry Software, Inc ALL Rights Reserved.

MSI
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Posts: 1144
Joined: Thu Jun 18, 2009 12:37 pm

Re: McHenry Appeal Finally Set For Hearing Oct 2017

Post by MSI » Tue Oct 31, 2017 12:33 am

Hearing Delayed, now set for late January 2018.
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.

MSI
Site Admin
Posts: 1144
Joined: Thu Jun 18, 2009 12:37 pm

Re: McHenry Appeal Finally Set For Hearing Oct 2017

Post by MSI » Sat Feb 10, 2018 2:02 pm

Jan 31, 2018: APPEALS HEARING NEWS: In yet another wasteful twist in this mess...we finally got a judge and 3 days for the appeal however then the judge would only hear the counter appeal by ARAS/FARO that the arbitration should have been under 'INTERNATIONAL" vs "COMMERCIAL" rules. Arguing that if it had merit the other aspects would not be required.
Few important points:
  • ARAS/FARO wrote the contract and included that any disputes were to be arbitrated as a COMMERCIAL contract and both parties signed and agreed to the terms of the arbitration. Why isn't 'a contract a contract?'
  • ARAS/FARO went through the year long process of arbitration, causing many delays and forcing many hearings on many other matter delaying production of documents, etc and NEVER EVER raised any issue with THE 'COMMERCIAL" v "INTERNATIONAL' item THEY put into the contract and signed the contract
  • ARAS/FARO never raised this as a appeal item UNTIL after we filed our appeal that The arbitrator did not properly do his job
For ARAS/FARO to now counter appeal on this technicality that THEY created is yet another wasteful delay.
The judge promised a decision in two weeks.
Then back we will go trying to get dates for the appeal to be heard and finding a judge available to get this thing properly adjudicated.

The wheels of justice turn ever so slowly
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.

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