Russian Nanoelectro files application to enforce Moscow $263,000 award in U.S. court
MOSCOW, July 28 (RAPSI) – Russian Nanoelectro Research and Production Company has turned to the Massachusetts federal court seeking to recognize and enforce an award rendered by the International Commercial Arbitration Court at the Chamber of Commerce and Industry (the ICAC at the RF CCI) in Moscow over its dispute with U.S. Alphysica.
As seen from the copies of documents at RAPSI disposal, Nanoelectro initiated the action against Alphysica yet in February 2014 saying its U.S. business partner failed to render services related to voluntary certification of products manufactured by the company, thus breaching the contract made by the parties. In its claim filed with the ICAC, Nanoelectro sought the defendant to return the sum paid by the claimant under the contract, to terminate the contract, as well as to reimburse the expenses and costs incurred by Nanoelectro in relation to the arbitration proceedings.
In the course of oral hearings in Moscow, Alphysica filed with the arbitral tribunal its written comments asserting it performed its obligations under the contract it made with Nanoelectro in full. In particular, it insisted that it could obtain certificates the claimant requested from Westmoreland Mechanical Testing & Research Inc. and Trace Laboratories Inc. the defendant said were duly certified by the American Society of Testing and Materials. Besides, citing the fact that the parties failed to agree upon the exact form of a certificate of conformity, Alphysica insisted that the term “certificate” in the contract should be construed only nominally.
In September 2014, the ICAC rendered award in favor of Nanoelectro. It resolved to recover the amount of the upfront payment ($246,000) the claimant made to the defendant and about $17,000 of arbitration fees from Alphysica.
Nanoelectro LLC is a company established in 2011 as a joint venture of Rusnano and A.A. Bochvar All-Russian Scientific Research Institute for Inorganic Materials (VNIINM). The company is involved in manufacturing of nanostructured electrotechnical conductors.