Amadeus IT Group, a Spanish provider of information technology for travel and tourism companies worldwide, requested an American court (Georgia Northern District Court) to uphold a 14 million US dollar award issued by the International Chamber of Commerce (ICC) arbitral tribunal against Ebix. Translation provided by JIGGSLAW®.
Ebix, based in John Creeks, Georgia, is an international provider of on-demand software and commercial electronic solutions to the insurance, banking, health, and e-learning sectors.
The dispute stems from a contract signed between Amedeus and a branch of Ebix in India (EbixCash) for the use of the Spanish company’s travel platform in the Asia-Pacific region. The agreement stipulates a15 million US dollar advance payment, which is refundable if a set amount of international flight bookings are not completed within a certain time frame. Amadeus rescinded the contract and requested payment for the amounts due to booking deficiencies and other costs since EbixCash failed to meet the agreement’s booking conditions.
The arbitration begun in September 2020 before the ICC in Paris. In February 2021, the tribunal rendered an award in favour of Amadeus, ordening Ebix and EbixCash to pay more than 12 million euros plus interests as well as Amadeus’s legal costs and other charges (see “Amadeus IT v. Ebix“, JusMundi).
Ebix contends that arbitrators overstepped their competence awarding legal fees and other cost to Amadeuss. According to the Spanish company, these arguments do not justify the default, since the underlying arbitration agreement included the ICC Rules, which indicate that the final award can allocate arbitration costs, including the parties’ legal fees.
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