comes down to wit where's the consent here and it seems to me that angst you can't find it and the arbitration you find it in the arbitration rules service and then there's a separate for bitching about electronic service but it's only for notices that are required by that arbitration rule regime isn't that right yes but one of those any under plane you know interpretation and that any papers notices or process is necessary or proper for the initiation or continuation of an arbitration under these rules so act and these rules because we want we want the hearing to continue that's what the relief is in the application that's what the relief is in the memorandum notice of a motion to vacate must be served on the adverse party or his attorney and then to look for what served me under the statute you go to the civil rules  in the motion to vacate was not found in the arbitration receipt it was filed in the court that's right and in section twelve says you have to file the service rules that are required in that court that's right your honor and and i want to make clear that the parties to greet to allow electronic service for corporates because forty four  it and so it you hang it all on the continuation of the arbitration when when in fact what does happen is the arbitration ended and there's been an award and that and now the effort is to vacate it and start over the arbitrator's refused to hear evidence and arguments on that the arbitrator's also refused to hear our affirmative claim for relief so there was no proceeding on our claim for relief and that is a separate basis and this is why the trial we have a decision in that's the problem because our relief was not addressed they did they refused to hear relief that's the problem with this arbitration that's why we want to have a hearing on the doesn't require a notice of motion to be filed it requires a motion and if i say committee notes to the federal role so procedure requires that it's set must be expressed and cannot be employed  required by the arbitration you know where mentioned that the arbitration rules to bake and arbitration your honor this is the that's the same argument that was rejected by the majority in the void case b in that case there was a a i a contracts in a specified california as the arbitration rules period or one of the parties didn't like a statute in california and the dissent said because they didn't specifically agree to that statute it's unfair to bind it the majority said no you took that you took the whole body of california law similarly here the parties took all the  rules and they consented for any court action in connection there with to continue and arbitration our motion to they key in parks and remit so that our firm relief could be heard and so that arguments and evidence that were ignored and the attorneys the issue could be heard she's a motion to continue and you know parties just like party didn't read the contract and signed it they're stuck with it satisfy the writing requirements for both a motion and a rule six b c one notice and what was served on o'neil was a single document that contained the honor i completely agree with that and that's then one of my primary only requirement about notice up for that kind action comes from the arbitration act it seems t addresses emails that can be used it with reference to notice is required by the aaa rules d i e inherent within the rules in there are there are numerous notices that are required by  the aaa rules i catalog some of those for the court in my motion submit the case on the grease but there are various requirements for either detroit administrator or the parties to provide notices within the boundaries of requires a party to serve any of those documents it's completely permissive subsection a says that they may be served by mail or by personal service there's nothing mandatory at all in that section and that's out of the easter disorder pennsylvania i believe but in that case the court there the district court essentially said that e mail service was ok it appears that they did lets the reader understand what the scope of that consent was or where it came from and further i was unable to locate anything on the docket in that case to to reveal it any further  even if even if the court believes that e mail service was consented to and was appropriate here the actual e mail itself does not  contain the operative documents but the motion itself that d r t filed with the court with the district courts use me d r t commence the underlying federal court action by filing an application by is identical the conclusion i haven't done a red letter check but i think it's identical and you know the goal was to have the arbitrators you know reopen and consider guarantees affirmative relief which was excluded and you know some arguments that were not considered on the attorney with with respect to the consen arbitration then you know pursuant to forty four dollars essay and there are there are the parties or grain to the manner of service identified there and you know in a situation where you don't like the result because they didn't hear your arguments you're definitely required to file something you can just live but that's really not much of a choice and you know to you know to you know there's even putting it the other way you know parties are always free not to file something there's a consequence so you know i don't think you know the way the court is reading it it is is exactly fair to be honest because you know nobody is required to file something there's a consequence if you don't so i think when we forty you know i don't understand it i guess the you know the difference is required by these rules and what the court thinks what and what we think is required by these rules and we think that a motion  you know the if you don't if you don't make that motion you're you're out of luck so it's it is a required motion to be made and forty four