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Saturday, August 20, 2005 12:24:41 PM
It is also clear that the Tribunal found SNE to be a joint venture which explains why they found that SNE was neither a successor nor an assign. Thus, they were able to avoid the issue and base the trigger on Ericy for infrastructure and terminals. I do not believe the Tribunal or the ICC went outside its boundaries in establishing the interpretation of the intent of the parties based on the actual contractual language. Further, we are not privy to any evidence that Nok made any effort to negotiate. In fact, Nok made the statement in a PR that IDCC's claims were so large in March, 2003 that they could not begin negotiations. How in the world can you argue bad faith when you make no counter offers and immediately address issues in the Dallas Federal Court and file for arbitration? The answer is you simply cannot. An affadavit of stonewalling by Nok from WM will take care of that issue.
MO
loop
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