Final Award in ICC Case No. 8445

XXVI Y.B. Comm. Arb. 167 (2001)

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Final Award in ICC Case No. 8445

Panel of Arbitration
XXVI Y.B. Comm. Arb. 167 (2001)

Facts

Claimant (plaintiff) and defendant entered a know-how/technology licensing contract. The contract granted the claimant a nonexclusive license to produce and sell six “contract products” in exchange for a series of payments by the claimant to the defendant. The contract obliged the defendant to provide the claimant with documentation within three months of entering into the agreement. The contract contained a clause requiring the parties to make efforts to settle any disputes amicably between themselves. The contract also contained clauses providing for International Chamber of Commerce (ICC) arbitration and for the application of Indian law. The claimant made an initial payment to the defendant, but a disagreement arose between the parties about the documents the defendant needed to provide to the claimant. The claimant sent a letter to the defendant, complaining about the lack of documentation and suggesting termination with compensation paid by the defendant. The defendant sent a letter to the claimant restricting the claimant’s use of the brand name. The claimant responded by reiterating its desire to terminate the agreement with compensation. The claimant initiated this arbitration in Zurich, Switzerland. The claimant also initiated a legal suit in a local court in India, but the Indian court dismissed the suit pending the outcome of the arbitration in Switzerland. The defendant argued that the claimant failed to settle the dispute amicably as required by the contract and that the arbitration was thereby premature.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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