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Sunday, October 19, 2003 8:43:23 AM
If a contract calls for binding arbitration and one of the parties refuses to arbitrate, I believe the other party can petition the court for a settlement according to its own terms.
It has been seven months since the March court date Idcc was to have had with Ericy and, yes, the expected appeals from that case would still be going on. We have not started arbitration which usually takes about a year so I am not sure which would have been concluded first, the present path to arbitration or an Ericy appeal. The rewards of a court win over Ericy would, I believe, have been far greater than what we received in our settlement with Ericy and Nok would then have had to pay us much more than they will have to pay even if we win this arbitration. Additionally Nok would not have had a chance to rat out as they did.
As far as Idcc not wanting to reveal what is in the sealed documents, I have no idea what that is all about. I personally feel there is nothing damaging there and that Nok is on a fishing and delaying trip.
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