Originally from ICDR Awards and Commentaries - Volume 2

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ICDR CASE NO. 265-11
INTERIM AWARD AND FINAL AWARD

American Arbitration Association (AAA)
International Center for Dispute Resolution (ICDR)

IN THE MATTER OF ARBITRATION BETWEEN: Global Building Products, Ltd., Global Building Products (12) Ltd., Global Building Products (17) Ltd., and FSR Treatment, Inc., (Claimants) and Chemco Inc., Chemco Acquisition Corporation, and any and all successors in interest and alter egos, (Respondents) ICDR Case Number: ***** 265-11

Subject Matters: 
Sale of technology and related information; breach of contract; confidentiality obligations; exclusive rights and obligations; royalties; antitrust injuries; non-signatories.

Findings: 
The Sole Arbitrator found that Respondents violated their obligations of good faith and fair dealing implied under Washington law by undermining the essential purpose of the 2007 Transaction, namely to convey to Claimants the exclusive right to use the Technology to treat wood roofing material. The Arbitrator rejected as without merit all of Respondents’ affirmative defenses.

Parties: 
Claimant: Global Building, a Canadian company (British Columbia)
Respondent: Chemco, a US company (Washington State)

Place of Arbitration: 
Bellingham, Washington (USA)

Applicable Law: 
State of Washington

Amount in Dispute: 
$1,200,000.00