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Arbitration Victory Results in Zero Award on Multimillion-Dollar Plaintiff Claim
ARBITRATION PURSUANT TO
JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES
)
GREENBRIER & RUSSELL, INC. )
)
vs. ) Honorable
Mel R. Jiganti
)
TYTRADE LLC )
)
AWARD
The Arbitrator has had the benefit of hearing
the testimony of a number of witnesses in this arbitration
proceeding and has reviewed the documentary evidence. Through
the kind indulgence of counsel, extensive briefs were submitted
at the conclusion of the hearing, along with the hearing and
deposition transcripts. The Arbitrator has made extensive
use of these submissions to understand the parties' contentions
and to help the Arbitrator make his findings of fact and law
in rendering this award. The Arbitrator will not comment on
all of the parties' arguments, but will comment on a few of
the more salient aspects of the case.
Greenbrier & Russell (Greenbrier) makes the observation
that despite the complexity of the TyTrade website, this is
a relatively simple dispute that turns on - contract construction
and credibility. The Arbitrator agrees with that observation.
Under Section 2. 1, Greenbrier agreed to design and develop
for TyTrade a fully integrated and fully functional website.
Section 1.38 defines a website as web pages "where consumers
can trade, sell, auction or purchase goods " Section
4.1 recognizes that the website is likely to require modifications.
Section 4.2 provides that upon written request of TyTrade,
Greenbrier will develop and deliver improvements and will
be compensated on a time and material basis. Section 1.5 provides
for a fixed price, but excludes branding and approved change
requests. Section 6.2 provides that TyTrade is not responsible
for amounts in excess of budget without prior written approval,
and that work shall
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