InterDigital Inc (IDCC)

[mschere]

IMO: I am confident that that Alston and Bird LLP. is busy researching the Legal (not Moral) implications of the Partners taking a stock position in IDCC, Pre Final Judgement!

Nokia was well represented during the 18 Month Arbitration process..The entire record was offered as exhibits..The time to raise the issues that might have permitted a trigger to Vacate the Award was during the Arbitration proceeding..obviously even IF the Minority Panelist raised these issues..they were certainly addressed and passed ICC review..Alston and Bird can only play with the CARDS that were dealt to them.


The surprise for me in Nok's motion to vacate is how weak it is, arguing entirely about how unfair the award is and that is does not follow NY law. There were no accusations of malfeasance by the tribunal e.g. improper procedures, ex parte communications, etc.. It seems as if Nok's lawyers really do not have much experience opposing arbitration awards by attacking the award and not the arbitration process. The grounds for vacation that are permitted by the courts all have to do with fairness of the process, not fairness of the award.