Cupcake Digital, Inc.
30 Irving Place, 10th Floor
New York City, NY 10003
United States of America
Tel: +1 415 762 99 88
Tel: +1 646 568 77 88
Fax: +1 646 964 65 72
Mendy Piekarski, Esq.
SICHENZIA ROSS FRIEDMAN FERENCE LLP
61 Broadway, 32nd Floor
New York, NY 10006
Tel: +1 212 930 9700
Fax: +1 212 930 9725
Dr Christopher Boog
Schellenberg Wittmer Ltd
P.O. Box 2201
Tel: +41 (0)44 215 93 84
Fax: +41 (0)44 215 52 00
All disputes arising out of or in connection with the present contract or its validity shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules and without recourse to the ordinary courts of law. The place of the arbitration is Berlin, Germany. The language of the arbitration is English. The applicable substantive law is German law."
"1. ORDER that Respondent must bear the costs of the arbitral proceedings;
2. ORDER Respondent to pay to Claimant
a. USD [*] for the ICC administrative expenses and the fees and expenses of the Sole Arbitrator, both paid by Claimant;
NOTE: [*] = The Sole Arbitrator to insert amount to be fixed by the Court.
b. EUR 35,100.00 plus USD 20,028.62 for attorney fees;
plus simple interest at 5 percentage points above the base rate of the German Federal Reserve Bank per year from 20 May 2016 until full and final payment."
"the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court, in accordance with the scale in force at the time of the commencement of the arbitration, as well as the fees and expenses of any experts appointed by the arbitral tribunal and the reasonable legal and other costs incurred by the parties for the arbitration."
Final Award on Costs
(1) The Respondent shall bear the costs of this arbitration.
(2) Accordingly, the Respondent is ordered to pay to the Claimant
(a) USD 25,000 for the ICC administrative expenses and the fees and expenses of the Sole Arbitrator;
(b) EUR 35,100.00 plus USD 20,028.62 as attorney fees;
(c) simple interest at 5 percentage points above the base rate of the German Federal Reserve Bank per year from 20 May 2016 until full and final payment on the amounts as per lit. (a) and (b) hereinabove.
(3) All other requests and claims are dismissed.