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Learning2vest

02/04/05 12:37 PM

#94072 RE: olddog967 #94068

olddog, you put me back up on my horse with that post. "Giddy up!" It was seeing the appeals court express harsh opinions about a party creating additional work for the court systems simply to delay paying an arbitration award that put me back in the saddle.

In your ref example the appeals court called somebody to account for doing just that, and then spanked them with heavy punitive damages! Yowser! IMO that sounds like exactly what old Jorma deserves, but is way too smart to let happen. Leads me to think that Nokia will pay up when/if the ICC arb tells him to.

Otherwise, he is risking having a federal court levy a lot more than the award. And federal courts absolutely have the power to "levy", i.e., to make it happen! Thanks again good buddy!






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Corp_Buyer

02/04/05 8:38 PM

#94123 RE: olddog967 #94068

"It was for the arbitrator to decide who breached the agreement first, and what damages were recoverable as a consequence. The panel did so, and that was the end of it."

and

"The promise of arbitration is spoiled if parties disappointed by its results can delay the conclusion of the proceeding by groundless litigation in the district court followed by groundless appeal to this court; we have said repeatedly that we would punish such tactics and we mean it."

are some nice quotes for NOK to note.

MO,
Corp_Buyer