InvestorsHub Logo
icon url

whizzeresq

11/20/04 6:18 PM

#84890 RE: warbil #84888

Warbil--With all due respect to your experience as an arbitrator, your method of handling disputes is quite different from my experience in representing parties in arbitrations under the American Arbitration Association and your method appears to be quite different from the processes used under the AAA or International Chamber of Commerce (ICC). These tribunals act like a court in which the parties have an opportunity to take discovery (obtain documents and depose witnesses) and then have an evidentiary hearing that is similar to a trial. Because your procedure in which you evaluated documents and arguments and issued a preliminary report prior to an actual hearing is quite different than the process envisioned by the ICC and most arbitration organizations with which I am familar, I would be interested in whether the arbitrations that you conducted were held under the rules of any arbitration association. In my experience arbitrators wait until the evidentiary hearing before addressing evidence and never issue a preliminary report. As a result, I am quite doubtful that the arbitrators have already ruled on the trigger. I believe that the scheduling of the hearing was done as a result of the requests of the parties to take discovery and the calendars of the attorneys, tribunal members and witnesses.
icon url

GE_Jim

11/20/04 9:13 PM

#84893 RE: warbil #84888

Warbil, first of all the reason I’m here is to gain knowledge and advantage concerning this investment of the company. That would be including gaining knowledge on whether or not we have a strong enough case against Nokia. Currently I do not know the answer. I have read many posts here, it is clear to me nobody else does either. Sure there are many that hope, and to my point blend other issues into the mix, but we are still all in the same boat.

If I read your post correctly you believe they will win but, well lets use your words.
“I believe we will win but the law allows for rulings on technicalities that can turn good positions into worthless positions. That's what I am more concerned with”

It’s a valid concern considering the track record to date concerning rulings not to mention sealed doc’s which we have no way of knowing about. I’ll sum it up this way, I’ve only been here for 5 years but during those what this board thought we had and what we really had, well, if I would have mentioned 3 years ago that Ericy would settle with us in a years time and the share price by this time would still be under 20 I would have been laughed off the board. Which fits to my other point, it’s the traders that are laughing right now.

As a example of what the traders will play against,

“We don't know how often they communicate with each other but I will go out on a limb and agree with L2V that I bet they at least communicated and agreed on the trigger otherwise it wouldn't have taken this long to schedule the hearing”

This of course is nonsense, the trigger certainly has NOT been decided, the presentations haven’t even been heard yet if fact we are still over 2 months away from the start, yet here we are, done deal, right?