INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION
International Arbitral Tribunal
API INTERNATIONAL GROUP, LLC
Claimant and Counterclaim Respondent
HEFEI REACHEVER IMPORT AND EXPORT LTD.
First Respondent and Counterclaimant
CHINA EXPORT AND CREDIT INSURANCE CORPORATION
A/K/A SINOSURE A STATE-OWNED CHINESE EXPORT
CREDIT INSURANCE CORPORATION
Case Number 01-20-0005-4078
WHEREFORE, after deliberation, for the reasons set forth above, the undersigned Arbitrator DECLARES and AWARDS as follows:
1. APIIGs claims against HRIECO are dismissed.
2. APIIGs claims against Sinosure are dismissed. 3. APIIG breached the Fifth and Sixth 2019 Supply Agreements by failing to pay HRIECOs invoices for the Fifth and Sixth Shipments when due and must pay to HRIECO the sum of $377,722.88 within 30 days from transmittal of this Final Award to the parties.
4. The administrative fees and expenses of the ICDR total $36,550.00, and the compensation and expenses of the Arbitrator total $62,399.11. APIIG shall reimburse HRIECO for its incurred administrative fees and its incurred share of the Arbitrators compensation and expenses. Therefore, APPIG shall reimburse HRIECO the amount of $29,314.93, upon demonstration by HRIECO that these incurred costs have been paid.
5. The attorneys fees and expenses incurred by HRIECO totaling $74,007.47, shall be borne by APIIG. The attorneys fees and expenses incurred by APIIG in opposing HRIECOs motion to dismiss totaling $7,190.00 shall be borne by HRIECO. Therefore, APIIG must pay to HRIECO the sum of $ 66,817.47 within 30 days from transmittal of this Final Award to the parties.
6. All other claims and counterclaims are denied. This Final Award is in full settlement of all claims and counterclaims submitted in this arbitration.
I hereby certify that, for purposes of Article I of the New York Convention of 1958 on the
Recognition and Enforcement of Foreign Arbitral Awards, that this Final Award was made in
New York, New York, United States of America.
Place of Arbitration: New York, New York
Mary E. Bartkus