August 3, 2017 – NCT Sociedad Anonima aka Next Nivel, S.A. (“NCT”) manufactured t-shirts for YS Garments, Inc. dba Next Level Apparel (“Next Level”). After a dispute arose over a significant amount of product, materials, and equipment, NCT refused to release any of Next Level’s property unless Next Level paid NCT more than $200,000. Next Level made the payment under protest, but NCT continued to delay shipment of Next Level’s goods for months, which caused Next Level significant damages. Further, NCT never returned Next Level’s equipment and other property. Next Level filed a demand for arbitration and NCT filed a counterclaim seeking more than $5 million.
The arbitrator found that NCT had not offered sufficient evidence to support any of its counterclaims. The arbitrator further found in Next Level’s favor on its claims for breach of contract and conversion, and awarded Next Level a total of $3,514,587.73, plus prejudgment and post-judgment interest. Next Level was represented by Shareholders Mark T. Cramer, Eric Kennedy, and Matthew L. Seror.
