Well, that is one possibility no doubt West is evaluating.What trump card does the West MEC think they hold that would FORCE the company to put operations together and put the Nic award into practical use? Another lawsuit?
When two parties agree to binding arbitration and the losing side refuses to abide by the decision, the winning party can go to court to enforce the arbitration award, which in this case would mean having the Nic list implemented at the appropriate time.