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Camille Gardenia, IPI to undergo arbitration

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CHIEF Judge Ramona V. Manglona of the NMI District Court has ordered Red Coral Corp., doing business as Camille Gardenia, and Imperial Pacific International LLC to undergo arbitration to settle their rental dispute.

Red Coral has asked the federal court to issue an order compelling IPI to submit to a binding arbitration regarding its non-payment of residential lease to the lessor.

On Sept. 2, 2020, Red Coral and IPI filed a stipulation stating that IPI agreed that it was contractually bound to participate in an arbitration and would do so.

In her order, Judge Manglona stated that the parties  “are bound by mutual agreement to participate in arbitration administered by a qualified CNMI or Guam attorney pursuant to the Commercial Arbitration Rules of the American Arbitration Association.”

The judge said the arbitration “shall be concluded no later than 45 days following the issuance of her order,” adding that her court “has jurisdiction to enforce any award, settlement or judgment issued pursuant to the aforementioned arbitration between the parties.”

Judge Manglona then vacated the hearing set for Sept. 17 at 10 a.m., and denied the petition of Red Coral as moot.

She also ordered the clerk of court to close the case.

Red Coral attorney Colin Thompson said IPI and Red Coral entered into a valid lease agreement that contains an arbitration clause requiring either party to arbitrate their disputes arising from the lease.

“IPI breached the lease agreement by failing to pay rent and destroying or taking furniture, fixtures, and other property belonging to Red Coral when it vacated the premises,” Thompson said.

“Red Coral has sent several demand letters as well as a demand to arbitrate. IPI has not responded to any of these demands. Without cooperation from IPI, Red Coral cannot arbitrate its dispute as it is required to do under the lease agreement,” he added.

On July 15, 2016, Red Coral leased 20 apartment units to IPI for a term of three years ending on Sept. 1, 2019.

Thompson said IPI failed to pay any rent to Red Coral for the months of January through August 2019.

 

 

 

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