What's the point of paying way above a release clause? John Henry even admitted it was illegal afterwards and it wouldn't have been financially viable for any of the parties involved to waste at least 10s of millions of pounds on a court case. That's because FIFA and the FA hate settling things in court. FFP was relaxed because clubs threatened to take legal action and UEFA ****** themselves.
Hardly 10s of millions for straightforward case like that. Arsenal/Suarez would only need to prove release clause existed and offered enough to activate it while Liverpool would need to contest it. Only thing would be that because of the case it would have probably taken at least until january to get Suarez free to play. Best way would have been to pay 5-10mil over RC and get him liberated.