Originally from ICDR Awards and Commentaries - Volume 2

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COMMENTARY

GLOBAL BUILDING V. CHEMCO, ICDR CASE NO. 50 133 T 00 265-11, INTERIM AWARD, JUNE 8TH, 2012

I. Introduction

The sole arbitrator ICDR tribunal (the “Arbitrator”) conducted this arbitration by agreement of the parties in accordance with the AAA Commercial Rules (the “Rules”) supplemented by the ICDR International Commercial Arbitration Supplementary Procedures (the “Supplementary Procedures”) (Award, 2).   The Tribunal considered claims, defenses and counterclaims arising from a series of agreements (the “2007 Transaction”) pursuant to which Claimants acquired rights to fire-retardant chemical technology and related information (the “Technology”) applied to wood roofing products. Respondents had developed and supplied the technology to Claimants and other commercial customers for a number of years preceding the 2007 Transaction (Award, 2–3, 7).  Under the terms of the 2007 Transaction, Respondents retained rights to the Technology for use in the business lines of Respondents that were unrelated to wood roofing products.