Summary

In the Matter of an Arbitration Under the 2017 Rules of Arbitration of the International Chamber of Commerce ("ICC") International Court of Arbitration

DWANE L. HUBBART v THE GOVERNMENT OF THE COOK ISLANDS - PARTIAL AWARD ON LIABILITY
ICC Arbitration NO. 23261/TO

1. This arbitration concerns a claim arising under a Settlement Agreement dated 3 May 2013 signed by the Claimant and by the Respondent and the Ministry of Health of the Cook Islands (the "Ministry of Health") relating to the Claimant's application to reope n a Medical School in the Cook Islands (the "Settlement Agreement").1

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L. DISPOSITIVE

174. For the reason set out above, the Tribunal, having heard all the evidence and submissions of the Parties, hereby DECLARES and ORDERS that:

a. By majority decision of the Tribunal, the Respondent did not advise the Claimant clearly and distinctly of what was needed to obtain approvals to operate SCMI in breach of its obligation in breach of clause 3 of the Settlement Agreement;

b. All other claims are dismissed;

c. The arbitration and legal costs relating to this Partial Award are reserved; and

d. The Tribunal reserves its jurisdiction in respect of the remaining issues in these proceedings.

Place of Arbitration: London, United Kingdom

Date : 4 April 2019

Mr William Wood QC - Arbitrator
Mr Murray Rosen QC - Arbitrator
Ms Juliet Blanch - Presiding Arbitrator

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DWANE L. HUBBART v THE GOVERNMENT OF THE COOK ISLANDS - PARTIAL AWARD ON CAUSATION

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K. DISPOSITIVE

82. For the reasons set out above, the Tribunal, having heard all the evidence and submissions of the Parties, hereby AWARDS, ADJUDGES and DECLARES that:

a. The Claimant shall pay to the Respondent the amount of USD 237,500 as reimbursement of the Respondent's share of the ICC's Administrative Costs and the Tribunal's Fees and Expenses;

b. The Claimant shall pay to the Respondent the amount of USD 980,205.23 in respect of the Respondent's legal costs and other costs incurred in this arbitration; and

c. The Claimant shall pay simple interest on all sums due to the Respondent pursuant to paragraph 82(a) and 82 (b) of this Award at the rate of 8% per annum from the date of this Award until the date of actual payment; and

d. All other claims are dismissed.

Place of Arbitration: London, United Kingdom

Date: 01 July 2020

Signatures:

Mr William Wood QC
Mr Murray Rosen QC
Juliet Blanch

Also in this document:

• Declaration of Andreas A. Frischknecht in Support of Petition to Recognize and Enforce Foreign Arbitral Award
• Settlement Agreement May 3, 2013
• Form of Letter From Secretary of Health of the Cook Islands
• Form of Letter From Business Trade Investment Board of the Cook Islands
• Form of Notice of Dismissal (United States District Court for the District of Columbia Dwane L. Hubbart V. Government of the Cook Islands 2013

Footnotes omitted