Final Award in ICC Case No. 5946
Panel of Arbitration
XVI Y.B. Comm. Arb. 97 (1991)
- Written by Mary Katherine Cunningham, JD
Facts
A French company (claimant) (plaintiff) that bottled and supplied wine entered an agreement with a United States company (respondent) (defendant) that distributed wine. The parties’ agreement appointed the United States company as the distributor of the French company’s wine in the United States. The parties’ agreement contained a choice-of-law clause that provided the agreement “shall be construed in accordance with the laws of New York.” The parties’ agreement also contained an arbitration agreement. A dispute arose between the parties, and the French company pursued litigation in a court in New York. The court in New York compensated the United States company for certain compensatory damages. The dispute was subsequently referred to arbitration in a panel in Switzerland. The United States company claimed the French company unilaterally and incorrectly terminated the agreement and inappropriately pursued litigation. The United States company claimed exemplary damages of $100,000 from the arbitration tribunal.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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