interesting thread. A few side issues, unrelated to each other: 1. Maybe the TA also has an arbitration clause in their boiler plate agreement with their customers. It might then be possible to consolidate this into a three-way arbitration, which might benefit the consumer and will frustrate BA, increasing their expense. It is much easier to walk in equity arguments in a three-way arbitration. 2. But -- advice from my lawyers has always been that a court is a far better place to argue equities between the parties than in arbitration.