McHenry Software Files Appeal of Arbitration "Award"

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
Post Reply
MSI
Site Admin
Posts: 1133
Joined: Thu Jun 18, 2009 12:37 pm

McHenry Software Files Appeal of Arbitration "Award"

Post by MSI » Tue Aug 12, 2014 11:37 pm

In the case McHenry Software v ARAS 360, the arbitrator issued on March 26, 2014 the Arbitration “award”
On May 26, 2014 McHenry Software filed an appeal of the award, which includes the following:
  • CLAIM OF THE PETITIONER
    Part l:ORDERS SOUGHT
    • 1. An order pursuant to Section 31 of the Arbitration Act, R.S.B.C. 1996, c. 55, granting leave to McHenry Software Inc. ("McHenry") to appeal the award of the arbitrator, J. Gary Fitzpatrick, Q.C.(the "Arbitrator"), pronounced March 26, 2014 (the "Award"), on the following issues:
      • (a) Ground 1 - Did the Arbitrator err in law by failing to apply the proper principles of contractual interpretation to the Agreement between the parties?
        (b) Ground lA - In the alternative, did the Arbitrator err in law by failing to apply the terms of the modified Agreement, as found by the Arbitrator, to the facts as he had found them?
        (c) Ground 2 - Did the Arbitrator err in law by failing to award McHenry damages for copyright infringement?
      2. Further, and in the alternative, an order pursuant to Section 30 of the Arbitration Act remitting the Award for reconsideration on the following issue:
      • (a) Ground 3 - Did the Arbitrator commit arbitral error by finding that the parties had modified the Agreement without g1ving the parties an opportunity to make submissions on the modification?
      3. An interim or interlocutory order staying the Award pending the determination of the appeal.
      4. An order giving directions for the procedure of the appeal in this matter.
      5. An order giving directions for the protection of confidential information contained in the materials herein, including an order for the sealing of the Court file, or alternatively portions of the Court file.
      6. An order allowing the appeal and amending the Award as follows:
      • (a) when McHenry terminated the Agreement in December of 2011, $152,000 of the 2011 annual prepayment under section 10.2 was due and owing to McHenry, and ARAS was in breach of the Agreement;
        (b) McHenry was entitled to terminate the Award, as it did, in December of 2011;
        (c) McHenry is entitled to damages in the amount of $152,000, or alternatively in an amount to be assessed.
        (d) McHenry is entitled to damages for copyright infringement in the amount of $170,813;
        (e) In the alternative, McHenry is entitled to damages for copyright infringement in the amount of $71,263 if the Agreement did not come to an end until February 6, 2012;
        (f) In the further alternative, McHenry is entitled to damages for copyright infringement in an amount to be assessed;
        (g) McHenry is entitled to its costs of the arbitration.
      7. In the alternative, an order allowing the appeal and remitting the Award back to the Arbitrator together with the Court's opinion on the questions of law and arbitral error raised in this petition.
      8. Interest pursuant to the Court Order Interest Act on all amounts found due and owing.
      9. Costs of these proceedings
For additional information on the Arbitration, please see:
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest