Originally from ICDR Awards and Commentaries - Volume 2

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ICDR CASE NO. 518-11 AWARD

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

IN THE MATTER OF ARBITRATION BETWEEN:
CLAIMANT and RESPONDENT
ICDR Case Number: ***** 518-11

Subject Matters:
Termination of a licensing agreement; disclosure of proprietary technology and confidential information; choice of law; admissibility of witness affidavits; emergency and interim relief.

Findings: 
The Tribunal ruled in favor of Claimant on all of its claims and dismissed all of Respondents counterclaims. The Tribunal found that Claimant established the numerous breaches by the Respondent that both intentionally altered the Licensed Technology and actively concealed its breaches. In addition, the Respondent failed to surrender the Licensed Technology upon termination as required by the Licensing Agreement and violated the Interim Award for Emergency Relief by failing to deliver all of the Licensed Technology to The Data Vault. The Tribunal ordered the Respondent to cease using any of the Claimant’s Technology and confidential information and to pay the Claimant US $6,723,379.80.

Parties: 
Claimant: private company 
Respondent: private company 

Place of Arbitration: 
San Francisco, California (USA)

Applicable Law: 
UNIDROIT Principles