Mock case

Kaihari Waina Ltd (Kaihari)

v.
Vino Veritas Ltd

1
 Claimant

Kaihari Waina Ltd (Kaihari) is a wine merchant specializing in high-

quality wines for collectors and the haute cuisine market.

2
 Defendant

Vino Veritas Ltd (Vino Veritas) is one of the leading vineyards in

Mediterraneo and has won gold medals for its Mata Weltin diamond
quality wines for the past five years.

3
 Business relationship

Kaihari has been selling Vino Veritas's Mata Weltin diamond quality
wines for the past 6 years with great success.

Both parties have a framework contract since April 22, 2016, stipulating
that Kaihari would purchase a certain minimum number of bottles from
Vino Veritas each year.

4
 Arbitration clause

Art 20: Dispute Resolution/Applicable Law

"All disputes shall be settled amicably and in good faith between the parties. If no
agreement can be reached the dispute shall be decided by arbitration in Vindobona
by the International Chamber of Commerce (VIAC) under its International
Arbitration Rules in accordance with international practice. The number of
arbitrators shall be three to be appointed in accordance with the Rules. The
proceedings shall be conducted in a fast and cost-efficient way and the parties agree
that no discovery shall be allowed. The award shall be binding and each party shall
comply with the award. This contract is governed by the law of Danubia including
the CISG."

5
 Dispute

In November 2021, Kaihari ordered the maximum guaranteed bottles

under the contract due to an increase in pre-orders.

In December 2021, Vino Veritas informed Kaihari that they would only
deliver between 4,500 and 5,000 bottles of the ordered wine, citing a
smaller than usual harvest.

6
 Dispute

Kaihari received information that the real reason for the incomplete
delivery was that Vino Veritas had contracted with SuperWines,
exceeding their available capacity and seeking higher profit.

Vino Veritas attempted to terminate the contract and threatened not to

make any delivery.

7
 Dispute

Kaihari sought an interim injunction in the High Court of Capital City,

Mediterraneo, prohibiting Vino Veritas from selling to other customers
the 10,000 bottles of 2021 Mata Weltin wine ordered by Kaihari.

Vino Veritas initiated court proceedings in the courts of Mediterraneo

seeking a declaration of non-liability, which was denied.

8
 Dispute

Kaihari initiated arbitration proceedings with the VIAC requesting the

following relief:
1. A declaration that Vino Veritas knowingly and willfully breached its obligations
vis-a-vis CLAIMANT Kaihari.
2. Payment of damages to be determined.
3. Reimbursement of legal costs of US$ 50,280.00 incurred in the Court
proceedings.

9
 Dispute

Kaihari made a procedural request so Vino Veritas is ordered to produce

certain documents that would be relevant and material to the outcome of
the arbitration.

Without these documents, Kaihari believes it will not be able to

demonstrate that Vino Veritas knowingly and willfully breached its
obligations towards Kaihari.

10
 Dispute

Vino Veritas is contesting the jurisdiction of the Arbitral Tribunal.

11
 Issues
1. Does the tribunal hold jurisdiction on this case?
2. Does the tribunal have the power and, if so, should it order
RESPONDENT to produce the documents requested by
CLAIMANT?
3. Is CLAIMANT entitled to the damages claimed for the litigation
costs of US$ 50.280 incurred partly
a. in its application for interim relief?
b. in its successful defence against the proceedings in the High Court of Capital
City?
12
Mock case
We are having a hearing on 15/16 November 2023:
1. Groups of nine people.
a. Three arbitrators.
b. Three counsel for the Claimant.
c. Three counsel for the Respondent.

Send it to me (pmllorente@comillas.edu) before 2 November 2023.

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Mock case
We are having a hearing on 15/16 November 2023 :

2. One hour

i. Pleadings by the parties.

ii. (Short) Deliberations.
iii. Decision by the arbitrators.

14
Mock case
We are having a hearing on 15/16 November 2023:

3. Procedural order (submitted at the beginning of the hearing).

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