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06/24/05 11:16 AM

#114478 RE: JimLur #114464

One very logical explanation for the delay could be "minor corrections". Check out Article 29 in the ICC arbitration rules(copied below).

Looks like even after the "Final Award" has been approved at the highest levels(let's say on May 27th), "minor corrections" can be initiated either by members of the panel when they get it for final sign-off, or even by one of the parties after they get the Final Award notification.

Since the delay appears to have been initiated 8 or 10 days after the ICC HQ's May 31 "drop dead" date, it's possible that something like that happened.

Note also that Article 29 talks about a "30 day" time limit on making such "minor corrections" at the request of a panel member. That matches up just right with the ICC's revised "estimate" of June 30 for "transmitting the Final Award".

While we are talking about ICC rules, take a look at Article 26(copied below as well). The way I read THAT rule it's ALSO possible that IDCC and Nokia could be negotiating a modified "consent" agreement right now. Under the provisions of Article 26 it sure looks like they could have requested additional time to work out a settlement agreement which they want the ICC to approve and substitute as a revised version of the "Final Award"(read Article 26 copied below and see what you think about that).

From the ICC web site(link below);

Article 29
Correction and Interpretation of the Award

1
On its own initiative, the Arbitral Tribunal may correct a clerical, computational or typographical error, or any errors of similar nature contained in an Award, provided such correction is submitted for approval to the Court within 30 days of the date of such Award.

2
Any application of a party for the correction of an error of the kind referred to in Article 29(1), or for the interpretation of an Award, must be made to the Secretariat within 30 days of the receipt of the Award by such party, in a number of copies as stated in Article 3(1). After transmittal of the application to the Arbitral Tribunal, it shall grant the other party a short time limit, normally not exceeding 30 days, from the receipt of the application by that party to submit any comments thereon. If the Arbitral Tribunal decides to correct or interpret the Award, it shall submit its decision in draft form to the Court not later than 30 days following the expiration of the time limit for the receipt of any comments from the other party or within such other period as the Court may decide.

3
The decision to correct or to interpret the Award shall take the form of an addendum and shall constitute part of the Award. The provisions of Articles 25, 27 and 28 shall apply mutatis mutandis.

..................................................................................

MY comment: Sure looks like THIS rule opens the door for the two parties to negotiate a settlement and have it substituted for the ICC's initial version of a Final Award. Be great to find out that was what we were waiting on when the news comes.

Article 26
Award by Consent

If the parties reach a settlement after the file has been transmitted to the Arbitral Tribunal in accordance with Article 13, the settlement shall be recorded in the form of an Award made by consent of the parties if so requested by the parties and if the Arbitral Tribunal agrees to do so.


http://www.iccwbo.org/court/english/arbitration/rules.asp#foreword