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whizzeresq

01/19/05 12:44 PM

#91765 RE: olddog967 #91762

Yes--That is why a member of the panel was to be present in Dallas on the day that Ericy was to produce the documents. Ericy argued that the fact that one member of the panel was present for documents to be produced did not constitute an arbitration hearing within the meaning of the applicable federal statute. There are cases that support Ericy and cases that support Nokia. Evidently, Judge Lynn agreed with Ericy's position. I also believe that the law in North Carolina would also hold that Nokia is seeking pre-hearing discovery and that a subpoena should not issue against Sony-Ericy.