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Monday, November 21, 2005 9:02:33 AM
The NY Federal Court hearing IDCC's motion for enforcement of the ICC arb ruling basically has only two choices - that court can either rule to enforce the ICC's final results as they stand, or that court can send the matter back to the ICC with a request for additional information and/or consideration.
We have verified that that there are guidelines in place(and agreed to by the parties) which define and limit the specific causes which must be made evident before an enforcement court can send an arb ruling back to the ICC.
From what this observer can figure out(?), Nokia must show cause for something like fraud or gross negligence within their ICC tribunal, produce important facts that were not made evident during a 2 year arb process, or persuade the court that the tribunal did not give due consideration to "all relevant factors" to have any shot at changing the enforcement results.
If Nokia's hired guns are not sucessful in doing at least one of those things,... IMO the judge must bang down an order to comply.
Recent IDCC News
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