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Re: sjratty post# 119253

Monday, 07/18/2005 1:48:26 PM

Monday, July 18, 2005 1:48:26 PM

Post# of 432922
"what is Nok basing its potential request for a stay?" - I think Nok is still pushing the "all relevant factors" clause to include technology and patent (non)usage issues under the PLA.

They may argue that the arb. tribunal improperly disregarded the law in resolving this contractual clause. I suspect the dissenting arbitrator wrote that the arbitration panel and hearing should have awaited the outcome of Nok's 2G patent challenges in the US and UK, at least, before resolving the "all relevant factors" clause.

I note that the arb. panel obviously did consider and resolve the "all relevant factors" clause in Nok's favor already, since they determined that volume is a relevant factor to Nok's great credit, relative to the rates paid by E/SE.

MO,
Corp_Buyer



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