holy in this case it's simply trying to use the courts to rewrite an arbitration agreement that it drafted and it ultimately executed with premier in this case there is no dispute and there never hears has been any dispute that there is a valid arbitration agreement that the underlying dispute  just a matter of local color your argument would be any different if you just had the money and that there are three hour traders that you feel like you're supposed to be in front of let's do this with one arbitrator it will reduce the fee dramatically and we'll go forward and give the party who wants to proceed and has the ability to pay or wants to pay the opportunity to have this go forward ok have you ever trisha go forth and then at the end of the day will forty five see of the  the point that if that works to be the case and my client we have acknowledged that fifty four allows the arbitrator and we agreed to that to require us to make those deposits when year on of the part parties kerry can't do that absolutely parties do it all the time have incorporated a provision in that agreement which says look at i know if the other side for whatever reason either because they cannot or they will not they do not pay and i want this arbitration to go forward because i believe that m claim warrants it then i know that i will post so i will have to post them all and at the end of the day i will ask the arbitrator when i prevail i will ask you arbitrator to have them all portion to me your honor i can tell you i then the other side of the situation where i just have clients who have determined that we're that they will not proceed with an arbitration because they decided that they didn't want to because it wasn't worth it to them they didn't think that paid back that the ultimate judgment that they could get would either be enforceable or the defendant was going to be judgment proof or for whatever reason they decided not to go forward but that was the deal they made they understood that at the time or they should have understood it at the time and i would submit that apparently knew it as well and now was trying to fashion a different way of going forward if i could just have one small no going to because you didn't mention and mean and if you're right you win and not in any attempt to garner any sympathy your honor but this is supposedly a million dollar claim against my client there is a last two years we have been unable to get this matter arbitrated we have made the fact that we don't have the money to pay for the arbitration we have made every effort to make it possible to move forward with fully participate in  that's dated march three two thousand which is attached as this was at the front end of the arbitration process and if you look at the page thierry specifically states accordance with our five four of the rules each party is directed to make the following deposit be split equally right down the m well we're going to suspend so that we can do exactly what we did to come here because otherwise what is going to happen with the suspension suspension is something we're going to hold onto opinions until something else requires arbitration and both parties term to do whatever they can to undermine that and i just find that really quite troubled i think actually going on twelve with all due respect my client has been constantly pushing november eighth or november eleventh that we're sitting there prepared with witnesses flying out here to proceed with this arbitration we wanted the arbitration bill we didn't want to do was to be taken ad i to believe the appellate through when he comes in and he says that my client's not going to have any money and so what am i going to do throw another fifty seven thousand dollars down the tube that already has over nine hundred fifty thousand dollars in it that's