Originally from ICDR Awards and Commentaries - Volume 2

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ICDR CASE NO. 309-07

PARTIAL FINAL AWARD

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

IN THE MATTER OF THE ARBITRATION BETWEEN: CLAIMANT and RESPONDENTICDR Case Number: ***** 309-07

Subject Matters: 
Breach of joint-venture contract; breach of fiduciary duties; corruption and self-dealing; fraud; obstructive behavior of a party; sanctions against a party.

Findings: 
The Tribunal found that, CLAIMANT is responsible for the actions of its agents C PRINCIPAL 1 and C PRINCIPAL 2; CLAIMANT breached its fiduciary duties to RESPONDENT; CLAIMANT breached the JVA; CLAIMANT intentionally defrauded RESPONDENT; alternatively, CLAIMANT negligently misrepresented the truth to RESPONDENT, and, alternatively, CLAIMANT is liable for civil conspiracy and aiding and abetting C PRINCIPAL 1 and C PRINCIPAL 2’s breaches of fiduciary duties.

Parties: 
Claimant: Company organized and existing under the laws of COUNTRY 1 with its principal place of business in COUNTRY 2
Respondent: Corporation organized and existing under the laws of Delaware. 

Place of Arbitration: 
New York, New York (USA)

Applicable Law: 
State of New York

Amount in Dispute: 
Approx. $25,000,000.00