Facts

Claimant Aldamisa International, LLC acted as a sales agent on behalf of five different Cypriot licensors when it signed international film distribution agreements with respondent A Company Hungary Kft. There were two distribution agreements for each film; thus, 10 distribution agreements total. The films were: Goat Island, Dyatlov Pass Incident, Jayne Mansfield's Car, Machete Kills, and Sin City II: A Dame To Kill For.

Pursuant to the distribution agreements, respondent received the license to distribute these films in the territories of Eastern Europe (EE) and in the Commonwealth of Independent States (CIS).

Aldamisa International, acting through Sergei and Marina Bespalov, alleged that A Company Hungary breached eight of the distribution agreements (except as to Goat Island) and that as a result A Company Hungary owed the licensors damages in excess of $12 million.

CLAIMANT'S CONTENTIONS: Claimant contended that respondent failed to pay all the minimum guarantee payments required under the distribution agreements, that some payments were made late, and that the late and missed payments caused the licensors to obtain additional bank financing for the films at issue.

RESPONDENT'S CONTENTIONS: Respondent contended that it made all the required payments except one, and that payment was barred by the statute of limitations. Additionally, respondent contended that claimant was not a real party in interest, that all claims were barred by the statute of limitations, that respondent failed to satisfy the contractual conditions precedent in the distribution agreements, and that one of the distribution agreements had been terminated by agreement of the parties.

Damages

Claimant sought in excess of $12 million.

Result

The final award was in favor of respondent on all claims. Respondent was awarded $652,806 in attorneys' fees and costs.

Other Information

Arbitration was conducted through the Independent Film and Television Alliance (IFTA). The arbitrator was Donald V. Smiley, Esq. The Final Award was confirmed by Judge Michelle Williams Court on December 8, 2022.

Length

five days