“The parties do not dispute that the 1992 Live in Bucharest contract at issue was a product of mutual consent and included a broad arbitration provision,” states the decision, which also mentions the “detailed and stringent” confidentiality provisions. “An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago. … HBO does not dispute the existence of a valid agreement, the included arbitration provision, or the incorporated confidentiality provision, but rather the ‘continuing validity’ of the agreement and the arbitration provision. Thus, a valid arbitration agreement exists.”
The court notes that it’s long been settled in the 9th Circuit that the arbitrator should decide whether a contract has expired if the arbitration clause itself is not disputed. In a footnote, the court explains that even if the estate’s arguments “are as frivolous as HBO claims” it’s not the court’s job to weigh the merits.
“The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations,” states the opinion. “We may only identify whether the parties agreed to arbitrate such claims; it is for the arbitrator to decide whether those claims are meritorious.”
Michael Jackson’s estate is represented by Howard Weitzman and Jonathan Steinsapir of Kinsella Weitzman and Bryan Freedman of Freedman & Taitelman. On Monday, Weitzman and Steinsapir issued a statement lauding the decision that said, in part, “It’s time for HBO to answer for its violation of its obligations to Michael Jackson.”
Now, Michael Jackson estate can take private action against HBO over Leaving Neverland documentary.
This is a big win for the Michael Jackson’s Estate and a step forward to the truth behind “Leaving Neverland” so called documentary.
SOURCE: Sky News
