Cytodyn is the one that pushed for arbitration. Amarex claims that Cytodyn owes them around 14 million dollars for services rendered. Cytodyn has found that some of the work has been substandard, that Amarex did not follow specific FDA guidance, that some of the data files were missing key information, and that some of the dates on entries were not correct. Therefore, Amarex is not entitled to full payment for substandard work. Cytodyn offered to put up the 6.5 million dollar surety bond, as a sign of good faith that Amarex may have completed (adequately) that amount of work. They had to sue for their data master file(s), and their right to audit the CRO via the MSA. If that audit shows that Amarex was either neglect or worse, then this issue may turn into a lawsuit for damages. I have read that Cytodyn has been able to, largely, reconstruct their trial information, by researching the HIV trial site information. The audit should show if their other trials have been corrupted. If everything else is appropriate, then Amarex may be entitled to the 6.5 million dollar bond. If not, then Cytodyn may not pay the 6.5 million, and Amarex might be responsible for the legal fees. I don't think the trials will need to be redone.
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