Ghors: If Nokia chooses to reply and argue against IDCC's request for confirmation, would they normally have to file a counterclaim to vacate the award at the same time? Also, would the reply/counterclaim contain the full details of their argument for vacating the award? I am interested in seeing which of the specific reasons for vacating that they would base their claim on. The 2nd circuit appeals court has issued decisions on arbitration cases that have discussed the different reasons.
"may have to go back to another arb for the numbers" - probably NOT IF the declaration from the Award is confirmed, which I expect it should be, then the Judgment will include a directive, i.e. Court Order, for Nok to report and pay to IDCC the past due amount, plus interest.
The Court will NOT need to reduce the past due monetary amount. If Nok then continues to balk at the confirmed award i.e. judgment of the Court, then Nok will be balking at a Court Order and they will be in contempt of Court, which the Court will enforce.
Accordingly, we are in much better position having a Court Order for Nok to pay the past due amount than we would be with a monetary judgment (which would be up to IDCC to enforce though the usually means of forcible collection.)
Happily, the Arb Tribunal included declaratory relief for the past due amount and this feature should carry over into the Judgment confirming the Award (in its entirety), which will also be declaratory in every respect.
Of course, this particular feature, i.e. the direction from the Arb. Panel that Nok report and pay the proper past due amount to IDCC with interest, is one aspect of the Award that Nok can be expected to strongly oppose, requesting the Court to strike it (for whatever reasons Nok can argue e.g. the panel exceeded their authority, disregarded the law, etc.).
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