Facts Summary
Date
01 May 2012
25 December 2012
24 April 2019
01 June 2019
24 September 2019
08 October 2019
05 January 2020
10 March 2020
17 June 2020
1 June 2020
19 June 2020
21 June 2020
12-16 October 2020
Event
Huckleberry and Narcissus entered into the agreement
Huckleberry as distributor of GEM and Diamond
Industries
Narcissus terminated the agreement based on article 5
Termination sets effective
Huckleberry gave Notice of Arbitration
Narcissus denied the allegation
Huckleberry filed Statement of Claim
Narcissus filed Statement of Defence
Narcissus letter that Caprice and Diamond is unable to
attend
Casper sent a letter to Huckleberry that he cannot attend
Huckleberry Letter that Casper cannot attend
Narcissus replied
In person Hearing
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Facts summary
The parties
Huckleberry
 Huckleberry is a company under the law of England & Wales
 Leading distributor in Asia for infinity jewels (space jewel, time jewel, power jewel)
since 1999
Narcissus
 Narcissus is a company under the law of UAE
 Largest cut and polish for infinity jewel
The agreement
 Huckleberry has the right to distribute space jewel and time jewel to any “reseller”1
in Asia
 Huckleberry may have discounts id it sells to Narcissus Authorised Resellers
 Narcissus still has the right to determine “Narcissus Authorised reseller”2
 Narcissus can appoint other distributor in the same territory/ sell the product
directly to “resellers”
 Narcissus can terminate the agreement without reason
Arbitration Clause
 For existence, validity or termination to SIAC Rules
 3 arbitrators, English, IBA Rules on taking evidence
 Contract governed in the law of England and wales
The Dispute
 Narcissus only have 2 distributor: Huckleberry and Geranium
 Narcissus required each Narcissus Authorized Reseller to choose its distributor
 GEM and Diamond selected Huckleberry, and the other remained with geranium
 Narcissus terminated the agreement because of Huckleberry’s poor performance,
based on article 5
The Proceeding
 Huckleberry filed a notice of arbitration because narcissus pressured resellers to
choose geranium. Huckleberry feels restricted to sell infinity jewels in Asian market
in breach of the agreement.
 Narcissus argued that they allow the reseller to choose freely which distributor and
free to switch
Witness
 Huckleberry: 10 witnesses, one of them is Casper Americano, Manager of GEM
 Narcissus: 5 witnesses, one of which is Ms Caprice (ex-President of GEM); Mr
Diamond (CEO and Founder of Diamond Industries)
1
Reseller: those who has/ hasn’t executed Narcissus Authorised Reseller Agreement
(basically anyone)
2
Reseller who met high standards set by Narcissus
Witness Statement Mr Casper Americano
 Responsible for infinity jewel purchase on behalf of GEM
 Narcissus imposed a system to buy only from 1 distributor, price set by Narcissus,
can switch but quarterly basis
 When they want to switch, Narcissus was not in favour to switch
Witness Statement Ms Caprice Marvellous
 Responsible for making decision in GEM arrangement with distributor
 GEM initially bought from both Huckleberry and Geranium
 But, one day narcissus implemented a process form them to choose one distributor
only
 Narcissus was able to resolve the matter favourably for all parties and such strategy
is reasonable for forecasting
Witness Statement Mr Diamond
 Does not know the details
 The policy was to Choose one as a preferred primary distributor, but Still able to
purchase from the other when needed
 Chose Huckleberry because it was their business decision
Notice 17 June 2020
 Caprice and Diamond cannot attend and want to give evidence via video-conference
 Caprice is CEO of Kaplan, launching movie in Dubai on 10-20 October
 Mr diamond is responsible in London for an anti-corona mask development
 Per rule 9.6 PO shall be allowed
Notice 19 June 2020
 Don’t want them to be in video conference
 Mr Casper cannot attend because afraid to jeopardize his current position
 He lost his job because submitting the witness statement against narcissus
Mr Casper’s E-Mail
 Terminated with immediate effect from the job at GEM
 The boss said “you’ve troubled GEM with narcissus”
 Assuming that the boss was referring to the arbitration witness statement
 The new job is also affiliated with Narcissus
Notice 21 June 2020
 The first time heard Mr Casper’s loss of employment
 Per 9.3 PO Mr Casper shall be excluded3
3
Hayo, why do you want to exclude, knp gak insist dia mw dateng? Means that you are afraid
Facts for claim 1
Section Event
A.1
For existence, validity or termination to SIAC Rules
but I cannot risk my job again by testifying in your arbitration. I am
sorry that I cannot be of any further help – what I said to you in my
witness statement was 100% true.
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