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osoesq

10/19/03 9:18 AM

#46246 RE: ziploc_1 #46245

The arbitration between IDCC and NOK will be conducted by an international arbitration organization (I believe it is the International Chamber of Commerce). That organization has seemingly obliged NOK in their request to delay the commencement of arbitration until the sealed documents issue is resolved in Dallas. My first impression was that the panel of arbitrators had already been chosen and that that panel had granted the extension. It was posted, this week, that the panel had not been appointed, so, necessarily, the organization has granted the extension. Since the arbitrators would be anxious to hear all available testimony and argument, it would be inconsistent for IDCC to make too much of an argument to the delay, because, such an argument would raise suspicion that there was something in the sealed documents which was negative to IDCC's position as against NOK.


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sailfreeee

10/19/03 9:27 AM

#46247 RE: ziploc_1 #46245

Ziploc

You said "If a contract calls for binding arbitration and one of the parties refuses to arbitrate", but NOK has not refused, they filed (per required in the contract) and then asked for a delay in order to ask the court for information from the ERICY case. We are assuming that the ICC(?) granted the delay. I don't see any violation.

You said "We have not started arbitration" but the process has been started according to Ronny's post (I beleive).

You said "I am not sure which would have been concluded first, the present path to arbitration or an Ericy appeal" but would NOK delay because it was on appeal--not definite---then arbitrate?

You said "Additionally Nok would not have had a chance to rat out as they did." Are you sure?

You said "As far as Idcc not wanting to reveal what is in the sealed documents, I have no idea what that is all about. I personally feel there is nothing damaging there and that Nok is on a fishing and delaying trip." There was discussion here that the reason for the settlement was because Judge said she would make the sealed documents public. For whatever reason IDCC decided to settle, I have to beleive they did so because they thought it was the best. If there is nothing damaging or possibly damaging why is IDCC resisting turning over the sealed doc.