olddog
I do not believe Nok will challenge the final award. I believe they are mounting a defense centered around the lack of authority of the court to award a monetary judgment at this time. I believe they will nitpick saying that if they fail to comply with the terms of the PLA, IDCC must enforce via additional arbitration proceedings because the parties stipulated this venue to resolve any disputes arising out of same. I believe that Nok is heading into punitive waters with this course of action. The judge may say they are correct, confirm the final award and order Nok to specifically perform regarding the reporting and payment dates set forth in the award. Nok would then have an appeal versus the enforcement by the judge rather than an appeal of the final award preserving the baby split savings contained therein. IDCC will be prepared to attack on both fronts by giving proper notice of any breach by Nok in order to get to arbitration as fast it can under the contractual terms and prosecute any appeals via the courts at the same time.
I still believe Nok will comply after all of the smoke clears. This conduct can be used against them in their offensive actions against IDCC and others filed around the world. Further, they know that the ICC will sooner or later open a can or two of spinach and begin kicking ass. They have signed certain documents in their submission for arbitration. Finally, as of right now the press has not taken up this story in their usual investigatory manner, but continued action on the part of Nok may attract the attention of a few of the town tuffies. They will not fair well when this occurs.
MO
loop
