set aside when the arbitration panel exceeds its authority in your view seems to be in this case that the arbitration panel would have exceeded its authority by deciding any issue contrary to your we raced for grounds i'd like to focus on two of those today who you request an arbitration right i'm not sure will question but we certainly agree to it it was no dispute that there was an arbiter over the record reflects the you reflect or you got to exactly what you asked for which was arbitrators instead of a court to decide issues now we didn't get exactly what we asked for we asked them to arbitrate a dispute are rising under the asset parks agreement and that document had to express limitations in there that the arbitrator was violating one was the crime of which she could be brought which this comes eighteen months after the day of the closing of the sale and the interested a little bit in the threshold question that i think judge smith was asking you did make a bargain and it seems that the law under section ten is extraordinarily stiff would you agree that you can't raise now a mistake of law fact just a merits disagreement during if you disagree what's your best case for that the fact that we disagree is not enough to send seven obliteration well that's do you have to play know of any section ten set aside from a circuit court that is set aside an arbitrary ruling where findings of fact and law were actually extensively written out can you like i didn't hear the last couple and see can you think can you tell us any circuit decision that has set aside an arbitrary ward where the ask you can you point to any circuit decision that has accepted the invitation the urging us to do where the arbitron panel rightly or wrongly interpreted the a p a on issues of facts issues findings section nine point two even though it was a brief extensively it's not mentioned at all in the findings of fact the conclusion of the law the panel made no reference to it i thought the panel said that as to the cap it doesn't apply to parties that doesn't with your case what's the best case but the best case is that if the when i ask you for this case i want to case citation i don't want the argument on the merits what's your best case that a circuit court exception invitation to vacate a panel award where there are extensive fine is a fact and all i don't have more ok i do have an among other cases this court's decision in cooper versus west and capital which we cited in the break as to manifest and fidelity to the obligation of the arbitrator and that's what we're saying that they did here in these  authority to do that even if even if there's some sort of of of clear error which i'm not sure of the areas what why is that in excess of the authority of the arbitration panel to which you c and no damages above two hundred fifty ever so it's just like a justice of peace court in texas if it were turned a five million dollar reward that awards boy because the court doesn't have the authority to award more than five thousand dollars a  and the woman is the document before them said for the date for the fraud you have found and they found specific provisions in section nine for fraud occurring this agreement says under no condition can the plaintiff recover more than two hundred thousand dollars the court is our chance to have that jurisdictional limit enforced and that's what we're here on that today so the other three the huck our last sort of damages they dealt into you pointed to paul two portions or were that the actual contributory negligence the divided the two panel members those were all explored extensively you disagree with their outcome but they were explored fair i cannot say  my and and i therefore i do understand that framework and i appreciated i'm not sure we could even use section ten to vacate where they overlook law i thought it would have to be law that they acknowledge but then choose to disregard what the language in se ts in europe and knew a lot about this this was not strangers these were very knowledgeable people and they set up a very carefully structured agreement and what they agreed is more than what the arbitrator a damage cap whether the arbitrator's ignore it or misunderstand it or misapply it doesn't matter it's not a question that they got it wrong it's a question they had no authority to do it in the first place they had thought it to construe whatever agreement or agreements there were to hear facts and apply the law of the us that authority because you handed it to them and you got exactly what you asshole and you got popped for sixteen million in damages and you're doing everything you can to call your client out of a ditch but it isn't going to work because you know you've completely undermined the whole concept of arbitration whether arbitration is a good idea or not we have the federal arbitration act this case was completely tried before the arbitrator's it went through the federal district court who would who who did a good job and now you're drawing  right to make this and i'd be embarrassed to take the position you're taking in this case i would be absolutely embarrassed for you and your law for that you think it's appropriate to turn to retry this case after you agree to arbitration court feels a way but the argument was made by the appellant as a throw away a few sentences under the economic loss rule and conditioned upon the economic loss rule in their briefing that is that the appellate record six one five eight and five not the arbitrator specifically found quote s p a mine has failed to establish its economic loss rule limitation of damages defense so the arbitrators dealt with this argument in this case has cost your client a good bit of of money yes in time your honor is this a frivolous a be completely wasteful if we if we decide that way well i do think that would be reasonable your honor i don't mean to say that their arguments are brought in bad faith but i don't think that there's any basis for those arguments under fist circuit law or supreme court precedent and the party certainly did not as your honour's noted agree to an appeal of the arbitration award and i think all of the findings it was pointed out that the findings of fact and conclusions of law were expensive i also can't find any cases in recent history in the circuit