Tex-Isle Supply Inc v Tecnotubi SpA and Alessio Tubi SpA - International Centre for Dispute Resolution - ICDR Case No 01-20-0015-5404 - Final Award - 31 May 2023
Country
Year
2023
Summary
INTRODUCTION
1. Claimant Tex-Isle Supply, Inc. ("Claimant" or "Tex-Isle"), a Texas pipe distributor to the oil and gas industry, entered into a contract with Respondent Tecnotubi S.p.A. ("Tecnotubi"), an Italian pipe manufacturer, to supply it with pipes manufactured by Tecnotubi's sister company, Respondent Alessio Tubi S.p.A. ("Alessio") (Tecnotubi and Alessio are collectively "Respondents"). Tex-Isle alleges that some of the pipes manufactured by Alessio failed when tested by the Tex-Isle customers who purchased the pipes. Tex-Isle seeks to be compensated for its losses due to these failures. A dispute has arisen between the parties because the Respondents deny that the pipes that failed were manufactured by Alessio. The Respondents contend, among other things, that the pipes Alessio manufactured met all specifications and were free from defects, and, further, that Tex-Isle has failed to establish that the pipes that failed were manufactured by Alessio.
2. The parties' contract contained an agreement to arbitrate, pursuant to which Tex- Isle initiated this arbitration. For the reasons set forth below, the Tribunal finds that Tecnotubi breached the contract and is therefore liable to Tex-Isle for an award of damages.
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