Paul Frank Limited v Grand Union International Trading Limited - JAMS Arbitration Case Reference No 5220002118 - Final Award - 2 July 2025

Country
Year

2025

Summary

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VIII. SUMMARY OF AWARD

(a) Respondent has not committed a Material Breach with respect to Claimant that is actionable as defined in the amended MLA;

(b) All claims for relief asserted by Claimant in this Arbitration are denied;

(c) Claimant's purported termination of the MLA with respect to Respondent was invalid, ineffective and amounted to a breach Of the MLA;

(d) Respondent has not established its entitlement to damages for any failures by Claimant during the term at issue to perform under the Second Amendment

(e) Respondent, through its counterclaims against Claimant, is entitled to monetary damages from Claimant due to Claimant's its failure and refusal to perform, such damages in the amount of (a) US $26,966,117 to be based on the wasted costs measure articulated at the Arbitration, plus (b) any interest allowed by California law.

(f) Claimant shall pay to Respondent $36,016,389.14 (consisting of (a) damages in the principal amount of US $26,966,117 and (b) 10% simple interest from February 23, 2022 until the date of the Final Award in the amount of US $9,050,272.14) (the "Awarded Amount"), plus (c) interest of 10% simple interest, per annum (or a daily rate of 0.027% ) on any unpaid portion of the Awarded Amount from the date of the Final Award until the full satisfaction of the Final Award.

(g) Respondent is the prevailing party.

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OCR, errors may be present

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