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Re: None

Tuesday, 12/24/2013 2:05:15 PM

Tuesday, December 24, 2013 2:05:15 PM

Post# of 432677
A couple of arbitration definitions. While BM apparently mentioned high-low arbitration, there has been a lot written of using baseball arbitration to settle FRAND rate disputes. I guess all the details of exactly what the arbitration will cover and how it will be performed should be in the settlement agreement, which I am sure will be kept confidential.

High-Low Arbitration

Also known as Bracketed Arbitration. This is an arbitration wherein the parties have agreed in advance to the parameters within which the arbitrator may render his or her award. If the award is lower than the pre-set "low," the defendant will pay the agreed-upon low figure; if the award is higher than the pre-set "high," the plaintiff will accept the agreed-upon high; if the award is in between, the parties agree to be bound by the arbitrator's figure. The high and low figures may or may not be revealed to the arbitrator.

Baseball Arbitration

A form of binding arbitration wherein each of the parties chooses one and only one number, and the arbitrator may select only one of the figures as the award. In a baseball arbitration, there are only two possible outcomes.

http://www.jamsadr.com/arbitration-defined/
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