1. Because this is arbitration with a panel selected according to the PL rules.Why won’t it be used when this seems to be what is going on I don’t see how the panel are on position to rule on most of the charges
Whatever the implications of their findings, they will be ruling based on the evidence before them not on possible implications of their decision, which may be a factor in the level of proof required.
2. We will concentrate on the evidence and keep our council on any misgivings we have so as not to muddy the waters.
As I suggested, such a tactic would be a Hail Mary best left until we need it.