We should be asking this of one of the litigators out here, like MassPats38, but it's my amateur understanding that if the "Arbiter's" ruling is vacated, Vincent's findings and recommendations would stand but the Appeal would be referred to an independent arbiter, no doubt assigned by the court, which might also issue an injunction against the penalties until the Appeal is resolved.
That is the last thing that Goodell wants as it its becoming increasingly evident that an independent arbiter would throw the whole rotten mess out the window.
That is why Goodell seems to have "bet the farm" by filing his Motion to have his Ruling upheld. That was probably a good strategy in theory, but it might have been upended by the appointment of Berman, who most likely doesn't fit the profile of the friendly corporate judge Goodell thought the odds were good he would get.