Arbitration Award.pdf

Case Number: 01-18-0001-6846

Partial Final Award:

The Arbitrator finds that:

1. Standing: Blaze Media LLC (formerly CRTV, LLC) has standing to bring this action, despite a subsequent business transaction with Blaze Media in late 2018, as it continues its legal existence.
2. Contractual Claim: The non-disparagement provision in the Binding Term Sheet (BTS) paragraph 13 survives the termination or expiration of the BTS, as it is reasonably expected to survive.
3. Disparagement Claim: The Arbitrator focuses on material and relevant evidence on dispositive issues, rather than addressing each element of the myriad claims presented.

Key Issues:

1. Disparagement: The claim of disparagement is rooted in disputes about the Parties' conduct as they established their business relations, negotiated their agreements, and acted with reference to them.
2. Confidentiality: The claim of breach of confidentiality is also a key issue in the case.
3. Defamation: The tort-based claim for defamation is another critical issue in the case.

Arbitrator's Analysis:

The Arbitrator's assessment is based on applicable law, close attention to the demeanor and content of the witnesses' testimony, contemporaneous writings and actions of key actors, and the manner and candor with which they presented their positions. The Arbitrator's analysis focuses on material and relevant evidence on dispositive issues, rather than addressing each element of the claims presented.