A decision is expected this afternoon on how the Hearts and Partick Thistle v SPFL court case should proceed.
Lawyers for the SPFL and promoted clubs Dundee United, Raith Rovers and Cove Rangers say the matter should be referred to the Scottish FA for arbitration.
However David Thomson QC, arguing on behalf of Hearts and Partick, says the issue should be heard in the courts.
Hearts and Partick are taking action against the SPFL in a bid to have relegations stopped. Failing this they say they should be offered £10million in compensation – £8million to Hearts and £2million to Partick.
Dundee United, Raith and Cove are opposing this on the grounds it could prevent them a lawful promotion.
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On Thursday Mr Thomson said he couldn't rule out the possibility that witnesses could be called should it be decided the case is for the courts.
He said: “Cross examination might be necessary.
“The concern of the petitioners is not to have some kind of public inquiry. The focus of their case is very largely upon the documents, and what the documents establish as to the unfairly prejudicial conduct upon which they found.
“The Dundee vote and all the communications between Mr Doncaster and Mr Nelms [Dundee chief executive], that’s the kind of thing that might be the subject of evidence.”
A decision on how the matter should proceed is expected this afternoon.
