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Lawyers and other representatives

    Final Award

    I, the UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration provisions of the above-named parties’ invoices dated March 13, 2012 and the "Terms and Conditions" related thereto; and having been duly sworn; and having heard and duly considered the proofs and allegations of Thai Frozen Foods Co., Ltd. ("Claimant") (represented by Daniel L. Brown, Esq. and Jean Ripley, Esq. of Sheppard Mullin Richter & Hampton LLP) and of lngredienTrade.com, Inc. ("Respondent") (represented by HarryTilis, Esq. of the Tilis Law Group); do hereby DECIDE and AWARD as follows:
    The Declaration with supporting documentation from Claimant’s representative proffered at the hearing clearly established, among other things, that: Respondent sent four (4) purchase orders for mangosteen puree to Claimant on or about March 13, 2012; the product was shipped, delivered and accepted by Respondent along with four (4) invoices requiring payment by Respondent; Respondent failed and refused to remit payment for the product delivered under two (2) of the four (4) invoices; there remains due and owing in the amount of US$129,168.00 for the product delivered under invoices 13322 and 14372. Whether viewed as a breach of the terms of the purchase orders and invoices, or failure to pay an unchallenged account stated, Respondent owes Claimant the sum of US$129,168.00, plus interest from the date of the last invoice (December 21, 2012). In addition and as the prevailing party, Claimant is entitled to all costs of arbitration; in particular, reasonable attorneys’ fees and costs in the total amount of USS 15,000.00. The ICDR and Arbitrator fees and costs shall, also, be borne by Respondent.
    Respondent never disputed that the monies were due and owing to Claimant on the unpaid invoices. Rather, Respondent’s attorney argued that the proceedings were somehow "unfair" because this Arbitrator failed to promulgate or impose a settlement - which is not provided for under the applicable AAA Commercial Arbitration Rules; and that his client was prejudiced because, he alleged, he did not receive the Declaration with supporting documentation from Claimant prior to the hearing as required by this Arbitrator. However, while this Arbitrator continued the hearing for an additional week to permit written submissions from Respondent in opposition to the claims, no written submissions in opposition were received from Respondent.
    For the reasons stated above, I Award as follows:

    1. Within thirty (30) days of the date of this Final Award, Respondent shall pay to Claimant the sum of ONE HUNDRED TWENTY-NINE THOUSAND, ONE HUNDRED SIXTY-EIGHT DOLLARS and NO CENTS (USS 129,168.00), plus interest at the New York legal rate from December 21, 2012, until said sum is paid in full.

    2. In addition. Respondent shall pay to Claimant the sum of US$15,000.00 in attorneys’ fees and costs.

    3. The administrative fees of the International Centre for Dispute Resolution, a division of the American Arbitration Association, totaling US$3,000.00 and the compensation of the Arbitrator totaling US$1,687.50 shall be borne by Respondent. Therefore, Respondent shall pay to Claimant the sum of US$4,687.50 in reimbursement of said sums previously advanced by Claimant.

    4. This Final Award is in full and complete settlement and satisfaction of any and all claims and defenses submitted to this arbitration proceeding. Any claim not specifically granted herein is nonetheless deemed DENIED.

    I hereby certify that, for the purposes of Article 1 of the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards, this Final Award was made at New York, New York. U.S.A.
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