Jim
If the rate was set, there would be no need for arbitration. Nok is arguing that the Ericy/Sony entity is not a named OEM and therefore has no rate setting trigger. In the alternative, Nok is saying that if Ericy/Sony is construed as a named OEM, then the rate was set under the duress of the Harris verdict and other matters which would render it outside the industry standard.
Now, before all of you have a hernia getting to your keyboards, I am just presenting the Nok argument and I do not agree with it. However, I cannot render an opinion because I do not have the 1999 master Agreement and do not know the handset rate of Ericy/Sony.