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Kessler presented four reasons why the award should be vacated, but Judge Berman only used two of them in his decision. Did he avoid the other two because he felt that lack of notice and lack of access to witnesses/documents was enough? Did he not want to get into the prejudice/fairness/independence argument because it would give too much ammunition on appeal, or because it was a weak point in Kessler's case? And was he limiting himself to avoid setting too many precedents in one decision?