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JimLur

07/18/05 7:05 PM

#119341 RE: whizzeresq #119331

Whizzer, You said, "JimLur--would you rather have had this dispute before a jury? Actually it is very standard in all of these license agreements to have an arbitration provision--international contracts usually use the ICC. Once the arbitration provision is in an agreement, parties have no option to instead proceed to court and are stuck with arbitration.


I wouldn't want a jury trial but was just wondering if a bench trial in a rocket docket court such as the Lucent litigation is would be better? Why waste two years and get a decision from an organization that has no means to enforce their decision?

Please bear in mind I'm a truck driver by trade and don't fully understand the legal system let alone something that's international.

Do you have any thought on my question if IDCC dropped their suit in New York what can the ICC do for them? If they can't enforce their decision what good is it?

It doesn't make any common sense to me to see a little company like IDCC spend legal fees for two years for representation in this arbitration and they afford a decision and advise IDCC they can't enforce this and take it to your local juristiction.

At this point I hope Harry Campagna finishes this because he's probably one of a few that has the patience to do so. Any guy that goes to the Supreme Court over the color of a press pad and wins is the type of person that can take a punch and come back and win the bout.

Loop made a post a while back that was very supportive of Harry or management and I for one agree with him.

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TFWG

07/18/05 10:10 PM

#119398 RE: whizzeresq #119331

whizzer, while I agree with what you have stated, I too wonder one point: why is it called "binding" arbitration as the ICC doesn't have any teeth.

"Once the arbitration provision is in an agreement, parties have no option to instead proceed to court and are stuck with arbitration."

...and THEN THE LOSER (or guy with $15B in cash) GOES TO COURT....


Regards,

Bob