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  • Feb 24, 2020

In accordance with the existing Rules at the time of this Arbitration, the Arbitrator was asked to decide whether the challenged Statements were an opinion or a fact. If, and only if, the Statement was determined to be a statement of fact, the Arbitrator was asked to further decide if, by a preponderance of the evidence, to determine if the Statement was true or false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.

In this case, because the Author did not appear and participate in the process, the Arbitrator had only the evidence submitted by the Complainant to consider. The evidence submitted included

Each Statement appropriately challenged by the Complainant has been considered, together with the Supporting Evidence. The Arbitrator determined that certain statements challenged in the Report were false. Therefore, according to the VIP Arbitration Rules, those statements have been redacted.

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