-
William Toyoda became the Head of the Visionic Purchasing Department
-
Mr. Enzo Isetta's assignment to a position of CEO SensorX
Mr. Enzo Isetta (CEO SensorX) was born on 15 June 1964. After receiving my degree in engineering, I started to work for
SensorX in 1992 and have held different positions in the company over the years. Since
1 January 2014, I have been the CEO of SensorX. -
Period: to
The performance of Framework agreement obligations
Respondent submitted 22 different purchase orders under the Framework agreement and Claimant delivered more than 5 mln sensors without any problems
p.5 (p.10) -
Framework agreement
Framework Agreement is to regulate the future supply of Respondent with Claimant's sensors -
Price fixing meeting
Since the meeting, the price for the coming year has always been fixed at tthe beginning of December of the previous year.
Claimant informed Respondent that it would prefer larger orders and was willing to give an additional discount of 1% for any order above 1 mln units. -
The attack on Respondent's IT system
The Respondent notified the Claimant about the incident -
The answer email from Claimant
Claimant was concerning about Respondent's cyberattack -
Respondent informed Claimant that he had a cyberattack
Email 28 August 2020 – 11:38 a.m. -
The strangthening of Claimant's cybersecurity system
Most of attacks in 2022 were unsuccessful and detected by our excellent cybersecurity
defense system which had been considerably strengthened in 2021 through additional firewalls
and regular training of our employees. That is particularly
embarrassing for SensorX whose new
cybersecurity officer had in an article in
December 2021 praised the new
cybersecurity concept implemented by
SensorX. (Equatoriana news) -
The day of settlement the price formula for next half of the year
P.O. №9601 Price: USD 32.00 per unit (on the basis of the price formula agreed between the Parties on
1 December 2021 for larger orders) -
Claimant’s cybersecurity officer gave a long interview
Claimant’s cybersecurity officer gave a long interview in December 2021 in which
he praised the new cybersecurity system which Claimant had implemented shortly before in
reaction to several successful ransom attacks on competitors -
Purchase order NO A-15604
Product(s): L-1 Sensor
Quantity: 200,000 units
Delivery Dates: 7th Calendar Week (14 – 18 February 2022)
Price: USD 24,000,000.00
6. Payment Terms:
• USD 12,000,000.00: 30 Days after delivery
• USD 12,000,000.00: 90 Days after delivery
ARBITRATION: All disputes arising out of or in connection with the present contract;
Rules of ICC, CISG
The Rules on Emergency
Arbitration are explicitly excluded.
The place of arbitration is Danubia -
The phishing attack upon Claimant
"As far as we have been able to reconstruct
the circumstances, one of our account managers in the sales department must have opened an
infected email in breach of all security guidelines, allowing trojan horse malware to enter our
system." - Witness Statement of Mr. Enzo Isetta -
Purchase Order NO 9601 (p.13)
Product: S4-25899
First Installment of 600,000 units: 14th Calendar Week
Second Installment of 600,000 units: 22nd Calendar Week
Price: USD 32.00 per unit
DR: ARBITRAGE (ICC RULES), place - Vindabona, Danubia, CISG, English -
The Claimant discovered the phishing attack from 5 January 2022
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The 200.000 L1 LIDAR sensor were delivered
-
The Respondent made the first payment for LIDAR sensors
-
Period: to
Ms. Telsa Audi's holiday
The real Ms. Telsa Audi's Holiday, she was absent for 10 days (p.6 par.15) -
Fake email from "Ms. Telsa Ausi"
-
Mr. Royce asks W. Toyoda about the fake email
Mr. Royce, the person responsible for the relationship with Claimant who wanted authorization to pay to a new bank account in Danubia had approached to William Toyoda for advice -
The second email of fake Ms. Audi
He showed me her answer his email, she pointed out that in the past the Parties had
normally treated the form requirement pragmatically and confirmed that Claimant would
consider the exchange of emails to be sufficient to fulfill the writing requirement. As an alternative she offered to wait with the authorization of the shipment until she returned to work, and a written amendment could be prepared by her. That would have involved a delay of at least
two weeks. - Witness Statement ofToyoda -
Claimant delivered the first 600.000 sensors
Purchase Order NO 9601
p.6 (p.13) -
Respondent's email
The Respondent wil not make the payment of the second installment of the payment (A-15604) -
Deadline of payment for the 1st delivery (600.000 units)
19.200.000 USD according to Clause 6 for the P.O. NO 9601 were not paid
P. 6 (p.14) -
The first day of counting 4% on the 19.200.000 (Claiman's request)
Respondent is ordered to pay Claimant USD 38,400,000, with simple interest at the annual
rate of 4 % on the amount of 19,200,000 from 4 May 2022 onwards, and on the amount of
19,200,000 from 1 July 2022 onwards; -
Data on one of Claimant's four subsystems (customer relation management) became encrypted and SensorX got an offer to release them again in return for a payment of USD 5 million
"As a consequence of that and with the support of the governmental cybersecurity unit we engaged
in a major security check of all our systems which took us over a month. During that time our entire accounting, payment and ordering system was handled largely manually on the basis of an isolated accounting software and spreadsheets." Witness of Statement CEO SensorX -
Period: to
Claimant’s internal planning and accounting system went down
It had to be thoroughly investigated and sanitized, due to cyberattack in the early parts of the year -
The deadline of the payment of the second installment
Purchase Order NO A-15604 -
Automotive Weekly. Equatoriana news
-
Claimant delivered the second 600.000 sensors
Purchase Order NO 9601
P.6 (p.13) -
Deadline of payment for the 2nd delivery (600.000)
19.200.000 USD according to Clause 6 for the P.O. NO 9601 were not paid
P. 6 (p.14) -
Ms. Telsa Audi has been terminated
-
The first day of counting 4% on the 19.200.000 (Claimant's request, 2 payment)
Respondent is ordered to pay Claimant USD 38,400,000, with simple interest at the annual
rate of 4 % on the amount of 19,200,000 from 4 May 2022 onwards, and on the amount of
19,200,000 from 1 July 2022 onwards; -
Mr. Gustaf Gabrielsson appointed account manager responsible on Claimant’s side for Respondent´s account
P. 6 (p. 15) -
Discovered non-payment by P.O. NO 9601
No payments received. Found by Mr. Gustaf Gabrielsson -
Claimant’s letter of complaint about non-receipt of payments
With the letter Claimant complained to Respondent that the payments were not received. Set a deadline for payment by the following week - THERE IS NO SUCH TERM IN THE LETTER (EXHIBIT C3)
Р. 6 (р. 17) -
Respondent replied to the letter of complaint about non-receipt of payments
With the letter Respondent submitted an email which allegedly had been sent by Claimant asking for payment to a new bank account
P. 6 (p.18) -
A meeting between the CEOs of both companies
Claimant’s Mr. Enzo Isetta and Respondent’s Ms. Mercedes Ford. They remained without any result concerning the resolution of the dispute.
P. 7 (p.20) -
Letter by Joseph Langweiler
Joseph Langweiler is the advocate of the Claimant. He hereby submit the Request for Arbitration -
Request for arbitration
The parties: SensorX plc v. Visionic Ltd -
ICC Acknowledgment of a Request for Arbitration
Court of Arbitration of the ICC receipt the Request for Arbitration. The arbitral proceeding (arbitrage) have commenced on 9 June 2023
(p.19) -
Letter by Langweiler
Joseph Langweiler is SensorX's advocate.
SensorX plc hereby nominates Dr. William Chevy, Geely-Street 12 Capital City, Mediterraneo as its arbitrator. -
ICC Letter to Parties on Co-Arbitrator nominated by Claimant (26 June 2023)
The Secretariat encloses a copy of the Statement of Acceptance, Availability, Impartiality and
Independence, as well as the curriculum vitae of Dr William Chevy, who Claimant has
nominated as co-arbitrator. -
Witness Statement of William Toyoda (Visionic)
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Answer to the Request for Arbitration
-
ICC Notification of the Answer
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Letter by Julia Clara Fasttrack
Julia Clara Fasttrack is Respondent's advocate.
Respondent nominates as its arbitrator
Mr. Victor Klement, Rue Peugeot 3, Oceanside, Equatoriana. -
ICC Letter to Parties on Co-Arbitrator nominated by Respondent
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ICC Notification of Court decision
-
ICC Letter to the Arbitral Tribunal
-
ICC Case Information
-
Claimant's new account manager discovered the 2nd payment has never been received
Purchase Order NO A-15604 -
The Claimant only became aware of not payment the second part for LIDAR sensors
-
Request for Authorization of New Claim
-
Witness Statement of Bertha Durant
Head of Sales of SensorX -
Virtualcase management conference
-
Witness of Statement of CEO SensorX
-
The planning start of purchasing sensors from Claimant's competitors
Quite to the contrary, during the meeting Respondent informed Claimant that it would
terminate the Framework Agreement, as it had planned to purchase sensors from 1 July 2023
onwards from one of Claimant’s competitors.