Case results

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Litigation & Arbitration

Outcome

$2.6M

Software licence restructured

A SaaS founder recovered unpaid royalties and rewrote an unfair licence through arbitration.

Practice

Litigation & Arbitration

Year

2024

Court

ICC Arbitration, New York

Duration

10 months

Lead attorney

Daniel Mercer

Software licence restructured

01 · The challenge

Royalties that stopped arriving

Our client licensed his software to a larger platform in exchange for royalties. After an acquisition, the platform stopped paying and claimed the licence had ended.

The contract required ICC arbitration, and the platform expected a small founder to give up.

Unpaid royalties

$2.1M

Forum

ICC arbitration

Licence term

7 years remaining

02 · Our approach

Make the contract do the work

We focused the tribunal on the licence wording and the platform’s own usage data.

01

Months 1–2

Audit the usage

Server logs showed the platform was still running our client’s code.

02

Months 3–7

Arbitration

We presented the logs and the drafting history to a three-member tribunal.

03

Months 8–10

Restructure

The award opened talks on a new licence on fairer terms.

03 · The outcome

Paid, and a better licence

The tribunal awarded unpaid royalties with interest, and the platform agreed a new licence with a higher rate and audit rights.

$2.6M

Royalties and interest recovered

10

Months to award

+40%

Increase in royalty rate

In their words

“Daniel treated my case like it mattered as much as theirs. It did.”

Founder

SaaS company, London

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Daniel Mercer

Daniel Mercer

Senior Partner

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