In October 2014, a U.S.-based technology company retained Schulman & Charish as co-counsel in an international arbitration with a Danish distributor. The distributor claimed that our client wrongfully terminated its license agreement without notice, and it filed an arbitration demand with the American Arbitration Association.
With only two months until a scheduled arbitration hearing in Washington, D.C., Schulman & Charish got up to speed quickly, assisted with depositions, and submitted a motion to dismiss. Although motions to dismiss are rarely granted in arbitration, the arbitrator issued a favorable decision in which he rejected the claimant’s primary legal theory in the case.
Schulman & Charish followed up with a pre-hearing brief that exposed additional weaknesses in the claimant’s case. After reviewing our brief, and as we were preparing cross-examinations for the arbitration hearing days away, the claimant dramatically reduced its settlement demand. The case settled quickly, without a hearing, for approximately nuisance value.