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JimLur

07/18/05 6:07 PM

#119329 RE: laranger #119298

About why this binding arbitration and the results the ICC has given isn't being accepted by Nokia and why they would be willing to give up their prepaid discount to carry it on further.

Right now I'm confused and wonder if IDCC would have been better off to put this issue in a rocket docket court instead of using the ICC? I'm not questioning how management handled this thing I'm just wondering what value is there in binding arbitration when the loser doesn't comply.

How far would this issue be along right now in a rocket docket court? We now have two years vested in trying to collect and the issue is just starting in the courts.

Let's assume right now IDCC withdraws it suit in New York. Does Nokia just ignore what decision the ICC has made? What help would IDCC have got from the ICC if they didn't file a suit?

If the ICC can't afford any help to companies when they provide decisions they shouldn't call them binding arbitrations.

I'm sure I don't understand this issue the way a lawyer does and looking forward to some comments.


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paheka

07/18/05 7:10 PM

#119343 RE: laranger #119298

I think that this ruling not only is more streamlined in the sense of narrowing the plethora of options?This took almost two years,about the normal period of time for the ward involved.The award alway's would have had to be court enforced unless Nokia simply[?] agreed to pay.Their options are limitd by what the NY CT rules in relation to the guidelines that enforce a CT ruling.It sounds like IF the juge rules that Nokia must immediately pay they could appeal but might have to post a bond.Since the appeal is limited to mainly the issue of impropriety or fraud on the part of the arbitrator's, i doubt if it would be appealable.Nokia "noise" about "enforceability" of an ICC award, or for that matter, the preposperous notion that the ICC didn't have the information to set the rate;THAT is patently ridiculous!LOTS of smoke here..ANY substance at all would have to be presented by the August 1ST deadline...THAT will be an interesting read, which may not even be presented[?], as no doubt they would gain the ire of the ICC.My bet is that they will present an oblique argument that will go NOwhere.The only reason i believe they will even present one is because the lawyers can convince Nokia mgt to do so..thus the lawyers continue to get their blood money!Hang on ..the party is about over in Finland and the hangover about to start!!