Egads! He finally said something correct! Unfortunately, he probably simply misspoke, or will claim I took it out of context, etc.
The squabble over whether IBM can order the handover and custody of documents belongs in the US--as it's between two US companies involving documents from those companies.
MS lost because the US courts don't have jurisdiction--they can't force these companies to hand over documents relating to an overseas case. Only the court in Europe can do that--and the arbitrators have ruled that out on the grounds that doing so interferes with sovereignty.
Now, if the case was being held in federal court, I suspect the outcome would have been different.
The European arbitration doesn't--that's solely between MS and the EU.