- upon this judgment being made available to the Court registry, hand down having been postponed to today’s date, without notice to the parties due to the ongoing public health emergency.
- signed by Mrs Anne BEAUVOIS, president of the chamber and by Melanie PATE, clerk.
- KFG is a party to the arbitration agreements contained in the Agreements,
- the applicability of the Agreements' substantive obligations extends to KFG,
- the Mark carve-out provision contained in Article 14.2 of the FDA does not limit the Tribunal's jurisdiction over Kabab-Ji’s claims,
- KFG shall pay to Kabab-Ji all unpaid monthly License Fees between 2008 and 2011 in the sum of USD 892,945,
- KFG shall pay to Kabab-Ji USD 4,631,841 as compensation for Kabab-Ji's loss of chance claim,
- KFG shall pay to Kabab-Ji USD 1,490,645.19 as Kabab-Ji’s reasonable costs of Arbitration, including its legal representatives' costs,
- KFG shall pay interest at the rate of 7% per annum on all sums awarded hereby, to be calculated as from the date of the award.
"[...] Except for those matters which specifically involve the Mark, any dispute, controversy or claim between LICENSOR and LICENSEE with respect to any issue arising out of or relating to this Agreement or the breach thereof,... shall, failing amicable settlement, on request of LICENSOR or LICENSEE, be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
"With reference to the Franchise Development Agreement dated July 16, 2001 between our affiliate At Homaizi Food Stuff Company (Licensee) and K-BOB SA (Licensor), please be noted that Kout Food Group does not wish to renew the said Agreement and consequently, we are hereby requesting to enter into a termination agreement with appropriate releases".
Dismisses the action for annulment of the award rendered in Paris between the parties on 11 September 2017,
Orders KOUT FOOD GROUP Company to pay Kabab-Ji the sum of EUR 80,000 pursuant to Article 700 of the Civil Procedure Code,
Orders KOUT FOOD GROUP Company to pay the costs of the proceedings,
Dismisses all other applications.
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