23. ARBITRATION. Any controversy or claim (in law or in equity) between ICE and VFM whatsoever, including any future dispute of any kind between ICE and VFM, any allegation that either Party’s conduct violates any statute, rule or law, any controversy or claim arising out of or relating to this Agreement or any alleged breach hereof, any issues pertaining to the arbitrability of any controversy or claim, and any claim that this Agreement or any part hereof is invalid, illegal, or otherwise voidable or void, shall be submitted to binding arbitration. The arbitration panel shall have the power and authority to determine whether any particular claim or matter is subject to arbitration. Said arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules (except as set forth in this Agreement). Judgment upon any award rendered may be entered in any court having jurisdiction thereof. The Parties agree that for any controversy or claim arising out of or relating to this Agreement or any alleged breach hereof, Judge Herbert Stettin shall be the sole arbitrator and the arbitration shall take place in Miami, Florida. For any other controversy or claim (or in the event Stettin is not available or is unwilling to serve as to the foregoing type of dispute), including, but not limited to, any claim under any antitrust laws or for tortious interference, the parties will select three arbitrators (and have communications with each of the arbitrators) strictly in accordance with the AAA Commercial Arbitration Rules, including R-17 and R-18(a), and all three arbitrators shall be neutrals who must be free from any conflict of interest and with whom there shall be no ex parte communication except as allowed by those rules. The arbitration before a three-member arbitration panel shall take place in Chicago, Illinois, unless agreed to in writing otherwise. No arbitrator in the three-member panel shall reside in the State of Florida or have resided there for any substantial part of the last ten (10) years. In the event the controversy or claim involves any allegation of any violation of antitrust law, each arbitrator must have served as counsel, judge, or arbitrator in at least two antitrust cases within the preceding ten (10) years. In any arbitration pursuant to this paragraph, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, expert fees and costs that it incurred in connection therewith. Moreover, punitive damages shall not be awarded by the arbitration panel upon a party prevailing on any claim or counterclaim regardless of whether such otherwise would have been available by statute or common law had the case been litigated in a court of law.
a. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly;
b. The likelihood, if apparent to the client, that the acceptance of this particular employment would preclude other employment by the attorneys or their firm;
c. The fee customarily charged in the locality for similar legal services;
d. The amount involved and the results obtained;
e. The time limitations imposed by the client or by the circumstances;
f. The nature and length of the professional relationship with the client;
g. The experience, reputation, and ability of the attorneys performing the services; and
h. Whether the fee is fixed or contingent.
I award Claimant costs of US$135,907.83, as reasonable and necessary for the prosecution of the case.
I award Claimant the costs of US$10,000.00 for the expert witness fees of Robert Josephsberg.
A. The content of the October 22, 2014 Partial Final Award, as modified by my Order dated November 14, 2014, is hereby incorporated by reference as though fully set forth herein and remains in full effect.
B. As provided in the October 22, 2014 Partial Final Award, Claimant is entitled to recover US$94,000.00 from Respondent as damages for tortious interference with Claimant’s business relationship with Genares and Vantage.
C. As provided in the October 22, 2014 Partial Final Award, Claimant is entitled to recover US$6,000.00 from Respondent representing the costs of enforcing its VScape Lite service rights.
D. Claimant shall recover US$500,000.00 in attorneys’ fees, US$135,907.83 as costs incurred in the case, and US$10,000.00 as an expert witness fee.
E. The administrative fees and expenses of the International Centre for Dispute Resolution, totaling US$20,950.00, and the compensation and expenses of the Arbitrator, totaling US$35,750.00 shall be borne entirely by the Respondent. Therefore, Respondent shall reimburse Claimant the sum of US$27,375.00, representing that portion of said fees and expenses in excess of the apportioned costs previously incurred by Claimant, upon demonstration by Claimant that these incurred costs have been paid.
F. This Final Award is in full and complete settlement and satisfaction of any and all issues submitted by the parties, and any claim not specifically addressed herein is deemed denied.
Déjà enregistré ?