Case stems from LoJack's termination of technology licence agreement with Kington in China
BEIJING, May 18 /PRNewswire-Asia/ -- In November 2007 LoJack Equipment
Ireland Ltd ('LEI'), a subsidiary of LoJack Corporation (Nasdaq: LOJN)
('LoJack'), a provider of recovery systems for stolen vehicles, initiated
arbitration proceedings against Kington Holdings Ltd. ('Kington') with the
American Arbitration Association ('AAA') following LEI's termination on 12th
November 2007 of the Technology License agreement for China exchanged with
Kington in November 2006. During the course of the proceedings they also
obtained an interim injunction against Kington and one if its directors and
made public announcements of both the confidential proceedings themselves and
the injunction.
On September 26th 2008 Kington filed a counterclaim against LEI in the
arbitration proceedings. On September 30th, 2008 Kington also filed claim No.
0801815 against LoJack in Massachusetts Superior Court in Norfolk County
alleging interference with contractual relations relating to the said license
agreement and seeking damages of $269.3M, plus attorneys' fees and treble
damages if it is held that LoJack acted in bad faith. On LoJack's motion, that
claim was stayed until final determination of the arbitration proceedings.
On 17th March 2009 the Arbitrator appointed by AAA made a Partial Final
Award, finding in favour of Kington on the question of liability -- an award
of which LoJack has made a unilateral but incomplete public disclosure.
Kington filed the Award with the Superior Court in accordance with
Massachusetts law and LoJack, after announcing the award, sought to keep its
contents secret by applying for impoundment of the Award and all related
materials. On 5th May 2009, the Superior Court rejected LoJack's motion for
impoundment and lifted the stay on Kington's claim
The Arbitrator's Partial Final Award, is, therefore, now a public document
in the Superior Court. For the protection of its name and reputation and to
avoid misunderstandings, Kington believes that it is now proper for the
accurate text of the Arbitrator's findings to be published as follows:
-- It is declared that LEI improperly terminated the Agreement
-- LEI is found to have breached the Agreement and the implied covenant of
good faith and fair dealing.
-- Whether Kington is entitled to any damages, costs and/or attorneys'
fees and, if so, the amount will be determined in Phase II of this
arbitration.
-- This Partial Final Award is final and conclusive as to the relief
sought by each party in this Phase I of this arbitration.
-- All other requests for relief made by the parties in this Phase 1 of
this arbitration are denied.
It should be noted that the Award has the effect of lifting the temporary
injunctions obtained by LEI.
About Kington
Kington Holdings Ltd. is a Cyprus company headquartered in Beijing PRC,
set up pursuant to agreement with LoJack to operate the License in China.
Media contact:
Romy T. Arambulo
Edelman
Tel: +852-2837-4727
Fax: +852-2804-1303
Email: romy.arambulo@edelman.com
SOURCE Kington Holdings Ltd.