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Originally Posted by Resolute 14
True, but this is pretty clearly a hail mary that the judge is going to deny. The NHL's constitution names the commissioner as the arbitrator, which isn't going to fly. And given the Government of Alberta is also a party but certainly not bound by any arbitration clause in the league constitution, I can't see this motion going anywhere. But, the team's lawyers certainly needed to make the effort anyway.
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Alberta is only a party through subrogation - its rights are whatever Henderson's are. I suspect you are right about the result though. Although I just relied successfully on case law that says if there is an issue or argument about an arbitrator's jurisdiction (where there is an arbitration clause but someone says it doesn't apply), the decision at first instance has to go to the arbitrator.
If I'm the NHL I offer to waive Bettman being the arbitrator. Even though I'm not convinced he'd go lightly (after all, he was on the other side on the suspension).