IUS IUVENTUTIS

  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.                                                                                                                                                         M. D

  Nihon Plast (Japanese company) manufacturer of steering wheels and airbags for the automotive industry, entered into a know-how agreement   with TKP(German company) with the purpose of transferring their know-how of manufacturing steering wheels and airbags for Honda and Nissan cars. TKP initiated arbitration claiming breach of agreement and pretending damages. The sole arbitrator appointed by the ICC ruled out that Nihon Plast is liable to pay €29,529,027.75 in damages. Nihon Plast initiated three actions for annulment of the award which have been joined together. The Court of Appeal of Paris dismissed all of the claims brought by claimant, upholding the award.                                                                                                                                                 G.G