ICC Case No. 8445

 

The claimant obtained a license to produce and sell certain products based on the respondent’s technology. The respondent had an obligation to deliver technical documentation to the claimant within a specified period, but the claimant alleged the documentation was insufficient, impacting their production and leading to a claim for termination with compensation. The respondent contended that the claimant had not engaged in required pre-arbitral negotiations, thus challenging the tribunal’s jurisdiction. The tribunal upheld the claimant’s request for arbitration, determining that the claimant had made sufficient efforts to negotiate, satisfying the pre-arbitration requirement. The tribunal awarded the claimant compensation due to the respondent’s inadequate documentation provision.

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