1. Respondent has not established that the failure of the appointed auditor to complete its report was due to any act or omission on the part of Claimant, Consequently, the condition precedent found in the U.S. Agreement, para. 11 has been satisfied, and the arbitration may properly decide the merits of the controversy.
2. Claimant has satisfied her burden of proof as to tire claims asserted with respect to the Norse Pipeline, Cresthill Property and eCity, and as to the tax refund and Manios’ personal expenses.
3. As to the other claims, either Respondent has established a defense that the Tribunal accepts or Claimant’s case, taken as a whole, does not establish the requisite dominion and control by a preponderance of the credible evidence.
4. The claim for New York statutory interest is denied, but, exercising its discretion under the AAA’s Commercial Arbitration Rules and the applicable authorities as explained below, the Tribunal awards simple interest at the average rate for 10-year U.S. Treasury bills as of 2000, running from January 1, 2001 through December 31, 2013.
As to Norse: $3,913,076.00
As to Cresthill: 2,326,377.61
As to eCity Suites: 5,107,025.97
As to Tax Refunds: 777,420.34
As to Personal Expenses: 46,572.37
1. It is determined and declared that RESPONDENT, Vassilios Manios, received a Party Distribution as defined in the "U. S. Agreement" dated as of March 13, 2002 between him and CLAIMANT, Evangelia Manios Zachariou, in the amount of Ten Million, Four Hundred Eighty-eight Thousand, Five Hundred Twelve Dollars and Fifty Four Cents (U.S.$ 10,488,512.54.).
2. The administrative filing and case service fees of the American Arbitration Association, totaling $34,219.43, and the fees and expenses of the Tribunal, totaling $450,863.20, shall be borne Seventy-five percent (75%) by RESPONDENT and Twenty-five percent (25%) by CLAIMANT. Therefore, within thirty (30) days from the transmittal of this FINAL AWARD to the PARTIES, Vassilios Manios shall reimburse Evangelia Manios Zachariou the sum of $127,505.42, representing that portion of said fees and expenses in excess of the apportioned costs previously incurred by Evangelia Manios Zachariou, upon demonstration by Claimant that these incurred costs have been paid.
3. All counterclaims are dismissed as beyond the jurisdiction of this Tribunal.
4. This FINAL AWARD is in full settlement of all claims, counterclaims, and defenses submitted for resolution in this Arbitration. All claims and counterclaims not expressly granted herein are hereby denied.
5. This FINAL AWARD may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.