If the cash were not forthcoming, the African Union (AU) might take a case to a court of arbitration and ask it to judge overall culpability for climate change.

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The arbitration panel will be made up by one judge selected by Chelsea, one by Lens and the chairman will be from Cas.

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Mann, for his part, thinks the dispute will ultimately wind up in binding arbitration, if only to escape U.S. Bankruptcy Judge Prudence Beatty's courtroom.

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Pinto-Walsh won the court hearing and the Judge ruled the case will be decided in probate court, not arbitration.

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On Monday, the judge tentatively ruled that Kleiner Perkins could not force Ellen Pao to resolve the case in arbitration.

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But Judge Harold Kahn said that Kleiner could still make an argument before the court to bring the case to arbitration.

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