arbitrator deny you or your clients very reasonable requests and there was and that i will agree i think that was that was that was nearly unprecedented and it was cited for work because i was not deterred but in any event the problem i have in this case is that you're now seeking to use that theory positive result for your client the shield versus the sort of thing where you're now seeking to cut off the legs of the other side by saying what's too late too bad no jurisdiction you didn't follow the exact terms of the arbitration agreement then you go more  for so let's go back to your original introduction regarding a simple case it certainly seems simple when there is very little of the wordy on your side of the issue you have always  and you get the jurisdiction issue resolved ok you didn't do anything you just walk away now you're suggesting that all the arguments that you could have had with respect to the jurisdiction or question would not waive because jurisdiction can be raised at any time right right ok i think best that's what i claim from your brief for the it isn't easy for the following reason because you start out with this business about something judge well but what you're reason why they blew the time or whatever it was but at the heart of your jurisdictional argument is that their work that the second request was in fact the second request and not a continuation of the first perceived there was a third  third demand for attrition you were just indicating to the court clearly the court didn't have any jurisdiction or well if my theory is correct how did i was there i mean how can you call this the second continuance your client's elf precluded his presence how does this become a second demand because i think he it's incumbent upon him to properly characterize it we characterize it is one and only one the demand was never complied with the demand was to have an arbitration you requested that the arbitration be postponed why is there any need for a second to be handled why should we call it second to me and because under the provisions of the contract you say oh we can't be there you know you know and then after the thirty eight days is passed well we can't have this anymore because you know we blew the thirty eight days really isn't a case like this is there any where betrayed that you are and you're given that continuance because of illness that hits it you're gonna i'm going to tell you to your argument here because it's in your grief and it's the only argument in your second arbitration they referred it as was their right to the american arbitration association so they refer to themselves they refer to themselves you fell into his trap you referred to it as if a second arbitration route didn't actually get well that mean that is the only thing he really did was confirm the arbitration board and that's really the only thing that's before us is there something that occurred at the arbitration hearing that would upset the work that's correct and really what it's about is what didn't occur he could have come into the arbitration and make that waiver argument that jurisdictional argument argue that if you construe this agreement correctly they only get one time we tried to arbitrate this they follow us through the motions day judge epstein cheerfully considered every argument they made it was unconscionable that this arbitration clause was wrong for so many reasons they didn't make it minutes are you understand i think this is exactly on point and i think you if definitely the issue which was what i was trying to convey i would argue that it's possible to do that by attending the arbitration we would have waived the jurisdiction oh yeah that's true and so it's i didn't know i didn't suggest to you did legally you weren't doing what perhaps was in the best the spirits of your client under the of your brief we sometimes get a little leery or i'm sorry about that i thought i still you know it's clear in my head i'm sorry i didn't convey it as well as i might i probably should have put the jurisdiction argument first i still don't nice with you in this case is that way that's correct and i think i really was worried about actually attending the arbitration because that would waive the jurisdiction argument and i made that argument to judge epstein and he didn't address this ye