Opinion
Civ. No. 2:16-cv-13655-MFL-EAS
06-06-2018
ARABIAN MOTORS GROUP, W.L.L., Plaintiff, v. FORD MOTOR COMPANY, Defendant.
Approved as to form only. Clay A. Guise DYKEMA GOSSETT PLLC Clay A. Guise (P59055) 39577 Woodward Avenue, Suite 300 Bloomfield Hills, MI 48304 (248) 203-0797 cguise@dykema.com HOGAN LOVELLS US LLP John J. Sullivan 875 Third Avenue New York, NY 10022 (212) 918-3000 john.sullivan@hoganlovells.com Attorneys for Defendant Ford Motor Company John B. Alfs CLARK HILL PLC John B. Alfs 151 S. Old Woodward Avenue Birmingham, MI 48009 (248) 988-5841 jalfs@clarkhill.com FULLER & MYERS Loula M. Fuller 106 E. College Ave., Suite 1450 Tallahassee, FL 32301 (850) 577-0058 lfuller@fuller-myers.com Attorneys for Plaintiff Arabian Motors Group, W.L.L.
Mag. Judge Elizabeth A. Stafford JUDGMENT
In accordance with the Order (1) Denying Plaintiff's Motion to Vacate Arbitration Award (ECF #32) and (2) Granting Defendant's Cross-Motion to Confirm Arbitration Award (ECF #35), dated April 25, 2018,
IT IS ADJUDGED AND ORDERED that the Final Award of the International Arbitration Tribunal of the International Centre for Dispute Resolution in the matter entitled Ford Motor Company, Claimant vs. Arabian Motors Group, W.L.L., Respondent, Case No. 01-16-0001-1181, dated December 4, 2017 (the "Final Award") is confirmed pursuant to 9 U.S.C. §§ 9 and 207, and judgment is entered against Defendant Arabian Motors Group, W.L.L. ("AMG") in terms of the Award as follows:
a. Ford Motor Company ("Ford") properly terminated the Global Importer Dealer Sales and Service Agreement (the "GIDSSA"), dated May 2, 2005, between Ford and Arabian Motors Group W.L.L. ("AMG"), at will pursuant to paragraph 13(e) of the GIDSSA;
b. Ford properly terminated the GIDSSA for cause under paragraph 13(b)(1) of the GIDSSA as a consequence of unauthorized transfers of ownership, and unauthorized changes in management, in violation of paragraph F of the GIDSSA;
c. Ford properly terminated the GIDSSA for cause under paragraph 13(b)(4) of the GIDSSA as a consequence of a disagreement between Hamad Al Wazzan and Adnan Al Wazzan, both of whom are named in paragraph F of the GIDSSA, which in Ford's "opinion tends to affect adversely the operation or business of the Dealer or the good name, goodwill or reputation of the Dealer, other authorized dealers of the Company, Affiliates, or Company Products";
d. The termination of the GIDSSA was effective as of July 27, 2016;
e. AMG shall comply with the obligations listed in Paragraph 15 of the GIDSSA including, without limitation:
(1) remove all signs erected or used by the Dealer, and bearing the name "Ford" or any other trademark or trade name used or claimed by the Company or any Affiliate, (except as such use may be permitted under existing agreements with the Company relating to products of the Company or any Affiliate other than Company Products),
or any word indicating the Dealer is an authorized dealer in Company Products, (2) erase or obliterate from letterheads, stationery, business forms and other papers used by the Dealer or by any business associated or affiliated with the Dealer the word "Ford" and all other above described trademarks and trade names, and all words indicating the Dealer is an authorized dealer in Company Products, (3) permanently discontinue all advertising of the Dealer as an authorized dealer in Company Products, (4) refrain from doing anything whether or not specified above that would indicate the Dealer is or was an authorized dealer in Company Products, and (5) remove any such trademark, trade name, coined word or combination which has been used, with the prior permission of the Company, in the Dealer's firm name or trade name;
f. Ford shall recover from AMG the amount of one million three hundred fifty-one thousand seven hundred sixty-three and 94/100 dollars ($1,351,763.94), together with post-judgment interest at the rate of 2.23% per annum.
DAVID J. WEAVER
CLERK OF COURT
By: s/Holly A. Monda
Deputy Clerk Approved: s/Matthew F. Leitman
MATTHEW F. LEITMAN
United States District Judge Dated: June 6, 2018
Flint, Michigan Approved as to form only. /s/ Clay A. Guise
DYKEMA GOSSETT PLLC
Clay A. Guise (P59055)
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304
(248) 203-0797
cguise@dykema.com HOGAN LOVELLS US LLP
John J. Sullivan
875 Third Avenue
New York, NY 10022
(212) 918-3000
john.sullivan@hoganlovells.com Attorneys for Defendant
Ford Motor Company /s/ John B. Alfs
CLARK HILL PLC
John B. Alfs
151 S. Old Woodward Avenue
Birmingham, MI 48009
(248) 988-5841
jalfs@clarkhill.com FULLER & MYERS
Loula M. Fuller
106 E. College Ave., Suite 1450
Tallahassee, FL 32301
(850) 577-0058
lfuller@fuller-myers.com Attorneys for Plaintiff
Arabian Motors Group, W.L.L.