Arabian Motors Group W.L.L. v. Ford Motor Company
Filing
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JUDGMENT. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARABIAN MOTORS GROUP, W.L.L.,
Civ. No. 2:16-cv-13655-MFL-EAS
Plaintiff,
Hon. Matthew F. Leitman
v.
Mag. Judge Elizabeth A. Stafford
FORD MOTOR COMPANY,
Defendant.
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),
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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:
Approved:
s/Matthew F. Leitman
MATTHEW F. LEITMAN
United States District Judge
Dated: June 6, 2018
Flint, Michigan
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s/Holly A. Monda
Deputy Clerk
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
/s/ John B. Alfs
CLARK HILL PLC
John B. Alfs
151 S. Old Woodward Avenue
Birmingham, MI 48009
(248) 988-5841
jalfs@clarkhill.com
HOGAN LOVELLS US LLP
John J. Sullivan
875 Third Avenue
New York, NY 10022
(212) 918-3000
john.sullivan@hoganlovells.com
FULLER & MYERS
Loula M. Fuller
106 E. College Ave., Suite 1450
Tallahassee, FL 32301
(850) 577-0058
lfuller@fuller-myers.com
Attorneys for Defendant
Ford Motor Company
Attorneys for Plaintiff
Arabian Motors Group, W.L.L.
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