Canelo and his Lawyers screwed up?

Discussion in 'World Boxing Forum' started by kriszhao, Oct 12, 2020.


  1. kriszhao

    kriszhao Boxing Junkie Full Member

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    It look like Canelo took bad legal advise again Canelo had to pay 8.5 million for contractual breach back in 2016, it looks like Canelo screwed the pooch again as the details of the arbitration clause in the contracts have been made public.

    differences, so Alvarez refiled the case in state court. Now DAZN has removed the case back to federal court and signaled that its next move will be to seek dismissal because the contracts at issue require the parties to go to private arbitration rather than any court (state or federal). A DAZN motion to dismiss will likely be filed this week. Golden Boy will probably file a motion to dismiss of its own. It is unclear why Alvarez's attorneys would file the same lawsuit on two separate occasions and wasted Alvarez's valuable time if both relevant contracts contain arbitration clauses, and even the process of letting the court decide whether the arbitration clauses are enforceable will likely take at least three months. Alvarez has not fought since November 2019.

    Here is what Alvarez's attorney will have to overcome in order to avoid having the lawsuit dismissed in favor of arbitration: According to papers filed by DAZN's attorney, the federal court "has jurisdiction over this action under the Federal Arbitration Act [a federal law]... The DAZN contract [with Golden Boy] contains dispute resolution provisions which state that: '(a) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales... (b) any dispute, controversy or claim arising out of or in connection with this Agreement, whether in tort, contract, under statute or otherwise, including any question regarding its existence, validity, interpretation, breach or termination shall be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce... The seat of the arbitration shall be New York, NY.”

    Although more details of the Alvarez's grievance appear below, the key fact is that Alvarez is suing DAZN but has no contract with DAZN. The contract is between DAZN and Golden Boy, with Alvarez having a separate contract with Golden Boy. Alvarez claims he is a third-party beneficiary of the Golden Boy-DAZN contract, but that is a very difficult legal argument to win. DAZN's papers neatly summed up the dispute as follows: "This lawsuit arises out of a three-way dispute between a boxer, plaintiff Saul "Canelo" Alvarez; his promoter, Golden Boy Promotions and its affiliates; and a broadcaster, DAZN, consisting of four entities. The parties’ relationship is governed by two separate contracts: one between Alvarez and Golden Boy, governed by the law of the State of Nevada, and one between Golden Boy and DAZN, governed by the law of England and Wales. Each of these contracts contains an arbitration provision requiring the parties’ disputes be resolved by arbitration."
     
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  2. BCS8

    BCS8 VIP Member

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    Courts are a GREAT way for lawyers to get paid while ensuring that nothing concrete actually happens. Stay out of court if you can, especially if your case is a tangled mass of spaghetti like Canelo's seems to be. He's gonna spend a lot of money and accomplish nothing.
     
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  3. Lesion of Doom

    Lesion of Doom Boxing Addict Full Member

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    This isn't my area, but Canelo's lawyers may argue that as a third party beneficiary he didn't agree to the arbitration clause, or that if the arbitration clause does apply to him, it is unconscionable (probably a tough argument to win).

    It also could be a tactical play by team Canelo to stall, further damaging cash-starved DAZN and forcing them to accept a buy-out on his terms. Who knows, but I think this article mischaracterizes what's happening.
     
  4. kriszhao

    kriszhao Boxing Junkie Full Member

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    It''ll be hard to argue as his goldenboy contract had an arbitration clause as well he has no contract with DAZN but is claiming he is a third party through his contract with Goldenboy problem is Goldenboy is also bound by an arbitration clause . it seems like Canelo get's his legal advise from an idiot which is why he had to pay 8.5 million for another contract he did not fulfill.

    '(a) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales... (b) any dispute, controversy or claim arising out of or in connection with this Agreement, whether in tort, contract, under statute or otherwise, including any question regarding its existence, validity, interpretation, breach or termination shall be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce... The seat of the arbitration shall be New York, NY.”

    this alone sinks it
     
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  5. ashishwarrior

    ashishwarrior I'm vital ! Full Member

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    england and wales
    nuff said
    clenboy is fhooked
    read before you sign or at least lose you're pen
     
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  6. Richmondpete

    Richmondpete Real fighters do road work Full Member

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  7. jmb1356

    jmb1356 Well-Known Member Full Member

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    This time the judges aren’t on his side.
     
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  8. The Real Lance

    The Real Lance Boxing Junkie Full Member

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    What happened to all the mayweather legal eagles from a while back?? Surely they can provide sound legal interpretation
     
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  9. C.J.

    C.J. Boxings Living Legend revered & respected by all Full Member

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    Looks like Oscar screwed him with the original DAZN contract
     
  10. JacK Rauber

    JacK Rauber Unbourboned by what has been Full Member

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    Reminds me of the Steve Young deal when he signed for $40M with the USFL. You can promise the world but if you're not viable the promise is worthless.
     
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  11. UniversalPart

    UniversalPart Boxing Junkie banned Full Member

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    Everyone could have made money....as long as the right fights were selected to bring in the DAZN subscriptions....but Canelo wanted to fight easy fights and thought that DAZN would still remain solvent and still pay his purses.

    If you have a bad product, you eventually have no customers.
     
    Last edited: Oct 14, 2020
  12. lobk

    lobk Original ESB Member Full Member

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    I didn’t think DAZN would have sign him to a huge contract without a pretty lock tight contract. It Was still dumb Of them to give away so much to just one fighter.
     
    Last edited: Oct 13, 2020
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  13. Badbot

    Badbot You can just do things. Full Member

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    Imagine someone like Canelo coming to you with his DAZN deal. I would be drooling as a lawyer. Checking out new houses that same night!
     
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  14. Badbot

    Badbot You can just do things. Full Member

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    Well, they did sign a contract with GBP and another with Canelo, thinking those would align... but they did not.
    Seems like everyone is being daft here.
     
  15. vargasfan1985

    vargasfan1985 Obsessed with Boxing Full Member

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