Seagen Inc v Daiichi Sankyo Co Ltd - ICDR Case No 01-19-0004-0115 - Final Award - 14 November 2023
Country
Year
2023
Summary
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IX. Final Award
The foregoing comprises the Arbitrator's Final Award pursuant to AAA Rule 47:
- Seagen's Breach of Contract Claim is DENIED;
- Seagen's Quiet Title Claim is DENIED;
- DSC's March 17, 2023 request for an award of its reasonable attorneys' fees pursuant to Section 19.3.4 of the Collaboration Agreement is GRANTED, and DSC is awarded reasonable attorneys' fees in the adjusted total amount of $43,710,217.20;
- DSC's March 17, 2023 request for an award of its costs is GRANTED IN PART AND DENIED IN PART, and DSC is awarded its costs in the adjusted total amount of $1,856,915.10 and ¥169,076. For the avoidance of doubt, with respect to DSC's requested "Arbitration Costs": (1) the administrative fees and expenses of the AAA/ICDR totaled $116,000; and (2) the compensation and expenses of the Arbitrator totaled $536,400. Seagen shall reimburse DSC for $244,500 of those amounts, which is included within the adjusted total amount awarded above.
- This Final Award fully resolves and is in full settlement of all claims and requests for relief submitted to the Arbitrator in this arbitration. To the extent that any factual assertion, expert opinion, legal argument, claim, counterclaim or defense raised by the Parties is not specifically mentioned herein, it is DENIED.