in addition we argued that there was manifest disregard of the law by the arbitrary in shorts versus merrill lynch and company the nd circuit said that there was a judicial gloss added to the specific f e a grounds for a little batches of pages without any indication of when this testimony was think when this discussion was occurring six look for that the arbitrator said let's play it by ear in terms of video testimony the counsel for the four said that he had just learned about this to me had a time to figure out what might cures left off and i want to make the time line clear i was at the hearing counsel was not it was on september it was on september the  that the withdrawal of mr mock to morrow happened i'm sorry that the discussion about mr martin morrow happened it was on september th that they which was a religious holiday and said that they wanted to have a an additional a new witness who wasn't on the witness list so it was five days later it wasn't it wasn't the notion that they offered as a substitute as part of a brainstorming session was five days later and there's no indication on the record that he was a quote substitute unquote for mr wanted more moreover they never sought to come back to mr moggs morrow if it why would you need a substitute if the record was still open as to calling a witness that was on your list to come tempo shit the the party opposing the arbitration confirmation offered a detailed affidavit from the supposed at witness at the confirmation level at the district court level as a myth didn't do that here there is no record as to what this witness's testimony in terms of this issue of manifest disregard of what was argued in the district court was that the district court should have some would should without a trial without a hearing without reviewing any evidence simply enter judgment against my client against eaton there was no argument in terms of the merits of substantial disregard we're seeing this for the st time on appeal so i think those arguments are waived as well but this arbitrator your honor this arbitrator issued a twenty page single spaced decision after reviewing hundreds of exhibits and hearing several witnesses including two critical expert witnesses she made extensive findings about the quality of the evidence and about the contract and about the industry practices and bottom line here is as i'm at this looking for what they used to call a do over on the on the playground when i was a kid they're looking to just do this over they don't like the result and it's not within the province of this court and judge ramos agreed it was within his promise to just erase an arbitration award because one party doesn't like the result they withdrew mr monta muro they didn't and at the same time they were engaged in the conflicted relationship with a direct competitor so that's a problem this is exactly like temple shane though because in temple shane became unavailable because his wife's car cancer  transcript the arbitrator says you know at this stage frankly it sounds like the subject matter of the testimony meaning mr pierce's is really more in the nature of what i was expected to be put forth in a direct it doesn't sound to me like it's pure rebuttal or that it wasn't fairly anticipated and then she concludes that by saying and given that there has been an objection i am not inclined whilst that doesn't make any sense you know there was overlap in testimony from all of you know from from witnesses and from from meetings we had enough witnesses because both of these companies are fairly small shops and they were all working in transactions they have different perspectives