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Boxley Corporation and Eberly Corporation have a contract dispute before an arbitrator. Eberly wants to present evidence of prior contract disputes the two have had, but the arbitrator refuses to receive that evidence, saying it is not relevant to the alleged breach of contract at issue before him.
When Boxley receives an award from the arbitrator that entitles it to significant damages from Eberly, the latter appeals the arbitrator's decision on the ground that the excluded evidence would have changed the outcome. Why is Eberly likely or unlikely to have the award overturned?
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