Until the controlling law
is solidified, it appears best to repeal the city's ordinance,'' Newton advised council members in his memo.
Courts have historically upheld the evenhandedness of the National Arbitration Forum's Code of Procedure, holding that it provides "the full range of remedies available under controlling law
," that "all legal remedies and injunctive relief are available to the parties," and that "any relief available in a judicial forum would also be available in arbitration (administered by NAF).
In doing so, Judge Dohnal declined to follow the rulings of the other federal courts because they were "inconsistent with the law as developed by the Supreme Court" and because he was required to follow the controlling law
of the Fourth Circuit Court of Appeal (in which Virginia is located) and of the Supreme Court.