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Contract and the parties’ Comprehensive Settlement Agreement, both of which require arbitration. 3.
The Panel has the authority to hear the disputes before it.
Armstrong’s challenge to the Panel’s “authority” to award sanctions and other relief are also without merit. Armstrong and Tailwind have agreed that the Panel has such authority and, in fact, have previously sought sanctions from the Panel. Likewise, SCA’s claim for forfeiture is properly before the Panel and it has authority to decide the issue. Consequently, the Panel has both the authority and jurisdiction to hear such matters. 4.
This Court cannot hear a motion to vacate a “Partial Final Award.”
The jurisdictional award that Armstrong and Tailwind challenge is not a final award. As a result, this Court cannot, under the Texas Arbitration Act, hear a challenge to its validity. It must await a full final award before any challenges can be made.
The Contingent Prize Contract.
SCA entered into a Contingent Prize Contract #31122 with Disson Furst & Partners (later known as Tailwind Sports, Inc.) to pay Lance Armstrong prize money if he was the Official Winner of a series of successive Tour de France races in 2002, 2003 and 2004.
The Contingent Prize Contract has an arbitration clause providing as follows: “Sponsor [Tailwind] agrees that any dispute arising under this contract shall be resolved by binding arbitration pursuant to the Texas General Arbitration Act. The site of such arbitration shall be Dallas, Texas.” A copy of that agreement is attached as Exhibit A (all exhibits submitted as part of an Appendix). 3.
Mr. Armstrong was declared the Official Winner of the Tour de France races in 2002, 2003 and 2004. SCA paid the prize money in 2002 and 2003. However, a dispute arose in 2004 over whether SCA was still obligated to pay Mr. Armstrong based on him being the
Tailwind (a sports management company) had separately contracted with Mr. Armstrong to pay him the prize money if he won the Tour de France races. SCA, through the Contingent Prize Contract, was assuming Tailwind’s risk in exchange for a fee.