J. William Rowley KC
John J. Kerr, Jr.
Laurence Shore (Presiding Arbitrator)
229. For the foregoing reasons, the Tribunal, by a majority, finds that Claimants have satisfied the New York law standard for a preliminary injunction.
230. The Tribunal therefore ORDERS that:
i. Until the Tribunal adjudicates Claimants’ claim for a permanent injunction or unless otherwise permitted by the Tribunal or un- less consented to in writing by Claimants, Respondent shall not enter into the two Proposed Settlements with ... and ....
ii. Pursuant to Section 7(b)(v) of Exhibit C-1, Respondent shall pro- vide immediate notice by email to Claimants of any settlement offer made by an Adverse Party.
iii. The Parties are at liberty to apply for any clarification they may seek regarding this Order.
iv. This Order supersedes the TRO issued on 14 December 2022, which is vacated.
v. Costs are reserved.
231. Further, the Tribunal directs the Parties to confer on possible dates for a case management conference (“CMC”), with the CMC prefer- ably to be held before the end of March 2023. The Parties shall in- form the Tribunal by 15 March 2023 of such dates. The Parties shall also confer on a merits “fast-track” procedural timetable, to be dis- cussed at the CMC. At the CMC, the Tribunal will want to hear from the Parties on, inter alia, issues such as burden of proof and the scope of evidence needed in the merits proceeding, in view of the ruling by Judge Carter in IGT v. HIGH 5 GAMES, LLC, 380 F. Supp. 3d 390 (S.D.N.Y. 2019).
Dissent of John J. Kerr, Jr., Co-Arbitrator
I disagree that the circumstances of this case warrant the issuance of a preliminary injunction preventing Sysco from agreeing to the Proposed Settlements.