Appeals to a third party arbitrator are availabie under the post lockout CBA, but only after an appeal to the commissioner (and only if the commissioner imposes a suspension of 6 games or more). The NHL took some criticism during last year's playoffs when they suspended Raffi Torres for 3-6 games and it was seen as an attempt to avoid the third party appeal process. Biznasty's ten game suspension may be the first test of the process.