Software house successfully defends against arbitral proceedings concerning payments allegedly due under agreement

Client(s) Software house

Jones Day advised a software house in relation to its defense in arbitral proceedings under the AAA rules of claims brought by a major Japanese corporation in respect of payments allegedly due under a Development Licence Agreement subject to Massachusetts law. The client was able to limit its liability under the contract by establishing material breach in 2006, which was concealed and only became apparent on Disclosure. As a result, fees owed to the defendant ultimately exceeded the amount of the claim.

(The names of the parties to this arbitration are confidential)