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Re: Learning2vest post# 132672

Sunday, 11/13/2005 6:34:24 PM

Sunday, November 13, 2005 6:34:24 PM

Post# of 433253
Nokia can file motions to Vacate or Modify, and then appeal..But the Arbitral Award STANDS..And Nokia is aware that IDCC has alternatives stronger and deadlier than mere Monetary Judgements. Nokia's U.S. sales could be at jeopardy for 2006..and they still will have to pay IDCC some $252 Million Plus.

As the court in Florasynth v. Pickholz insisted:

The confirmation of an arbitration award is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court. The award need not actually be confirmed by a court to be valid. An unconfirmed award is a contract right that may be used as the basis for a cause of action.

(Indeed, the treatment of arbitral awards for purposes of res judicata demonstrates that properly rendered awards are in many ways equivalent to court judgments, even without the formality of confirmation. See, for example, Corey v. Avco-Lycoming Division, 307 A.2d 155 (Conn. 1973) ("an arbitration award, confirmed or not, has preclusive effect regarding issues of law and fact litigated before and determined by an arbitration panel."))







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