THE PROBLEM

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Terms of Reference Arbitration Proceeding Nr. 200/2016/SEC7 In compliance with Articles 4.17 and 4.18 of the Rules of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), the Parties, the Arbitrators and the CAM-CCBC Representative execute these Terms of Reference (hereinafter “Terms of Reference”) related to the proceeding specified above (“Arbitration Proceeding” or “Arbitration”), which shall be conducted in accordance with the CAM-CCBC Arbitration Rules, effective from 01 January 2012 (“Rules”), and the provisions hereunder. I. NAME, DESCRIPTION AND ADDRESS OF THE PARTIES CLAIMANT: 1.1. Wright Ltd, 232 Garrincha Street, Oceanside, Equatoriana, hereinafter referred to as “Claimant”; RESPONDENT: 1.2. SantosD KG, 77 Avenida O Rei, Cafucopa, Mediterraneo, hereinafter referred to as “Respondent”; 1.3. Claimant and Respondent shall hereinafter be jointly referred to as “Parties”. II. ATTORNEYS AND REPRESENTATIVES OF THE PARTIES [omitted] III. ARBITRATION CLAUSE [omitted] IV. ARBITRAL TRIBUNAL: NAME, ADDRESS AND DESCRIPTION 4.1. The Arbitral Tribunal is composed of the following Arbitrators: 4.1.1. Martha Maracanã, Equatorian, Lawyer, ID nr.EQ523913956, with offices at 41 Azteka Lane, Oceanside, Equatoriana, e-mail: m.maracana@ius.com, appointed by Claimant; 4.1.2. Lena Chowdry, Mediterranean, Academic, ID nr. M195819621970, with offices at 25 Rue Nascimento, 23 OK 40, Rasunda, Mediterraneo, e-mail: l.chowdry@knowledge.edu, appointed by Respondent; 4.1.3. Ronald O Zagallo, Danubian, lawyer, ID nr. D54667410, with offices at 17b Horizont Road, Vindobona, Danubia, e-mail: r.zagallo@victory.com, President of the Arbitral Tribunal, appointed by the President of the CAM-CCBC. 41
4.2. The Arbitrators have answered CAM-CCBC’s Conflict of Interest and Availability Questionnaire, have signed the Independence Statement and were confirmed on 26 July 2016 by the President of the CAM-CCBC. 4.3. The Parties attest to having provided prior information of persons or companies related to the arbitration proceedings for purposes of disclosure. Moreover, the Parties have presented no objections to the appointed Arbitrators. 4.4. Therefore, the Terms of Reference ratifies for all legal purposes the constitution of the Arbitral Tribunal, composed of the abovementioned Arbitrators, which shall be entrusted with conducting the arbitration proceedings and deciding on the matters brought before it. V. SUMMARY OF THE PARTIES’ CLAIMS / COUNTERCLAIMS 5.1. The Parties’ requests and allegations as summarized below may further be detailed and substantiated in the Submissions to be presented by the Parties according to the calendar set forth in item IX of these Terms of Reference. 5.2. The signing of these Terms of Reference does not imply the acceptance or subscription by any of the Parties of the summary or the requests formulated by the other party, as set forth below. CLAIMANT’S ALLEGATIONS AND REQUESTS: [omitted] RESPONDENT’S ALLEGATIONS AND REQUESTS: [omitted] VI. ARBITRATION LANGUAGE AND VENUE 6.1. The Arbitration shall be conducted in English and all manifestations and requests of the Parties, procedural instructions and possible manifestations of the Arbitrators, including the Arbitration Award, shall be written in the mentioned language. 6.2. The venue of the Arbitration is the city of Vindobona, Danubia. However, diligences in any other locality may be undertaken as authorized or ordered by the Arbitral Tribunal. VII. APPLICABLE LAW 7.1. [omitted] VIII. AMOUNT IN DISPUTE 8.1. Claimant, in its Request for Arbitration, set the value of US$ 2,387,430.80 (two million, three hundred and eighty-seven, four hundred and thirty United States dollars and eighty cents) as the amount in dispute. 8.2. Respondent, in its Answer to the Request for Arbitration, did not contest the amount in dispute estimated by Claimant. 42
Page 1 and 2: Twenty Fourth Annual Willem C. Vis
Page 3 and 4: Horace Fasttrack Advocate at the Co
Page 5 and 6: 3. At the time of their sale in 201
Page 7 and 8: 15. Furthermore, Mr Lindbergh state
Page 9 and 10: CLAIMANT’s EXHIBIT C 1 1 May 2010
Page 11 and 12: 3. The BUYER undertakes to purchase
Page 13 and 14: CLAIMANT’s EXHIBIT C 3 Fri 15/01/
Page 15 and 16: CLAIMANT’s EXHIBIT C 5 Fri 15/01/
Page 17 and 18: CLAIMANT’s EXHIBIT C 7 Wed 10/02/
Page 19 and 20: Power of Attorney In the matter of
Page 21 and 22: Horace Fasttrack Advocate at the Co
Page 23 and 24: São Paulo, 08 June 2016. SantosD K
Page 25 and 26: Nomination of Arbitrator and Jurisd
Page 27 and 28: 18. The 0.5% levy by the Central Ba
Page 29 and 30: RESPONDENT’s EXHIBIT R 2 Fr 22/10
Page 31 and 32: RESPONDENT’s EXHIBIT R 4 Mo 24/10
Page 33 and 34: Ms Martha Maracanã 41 Azteca Lane
Page 35 and 36: Arbitration Proceeding Nr. 200/2016
Page 37 and 38: 4. Where do you work or have worked
Page 39 and 40: São Paulo, 21 July 2016. Mr. Ronal
Page 41: Arbitration Proceeding Nr. 200/2016
Page 45 and 46: PARTIES: WRIGHT LTD Herein represen
Page 47 and 48: Request for Security for Costs 1 RE
Page 49 and 50: From Mr Ronald O Zagallo President
Page 51 and 52: CLAIMANT’s EXHIBIT C 9 Witness St
Page 53 and 54: CAM-CCBC Arbitration Procedural Ord

THE PROBLEM

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