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Starwood Hotels & Resorts Announces Major Victory in Multi-Million Dollar Dispute.


WHITE PLAINS, N.Y. -- Starwood Hotels & Resorts Worldwide, Inc. (NYSE NYSE

See: New York Stock Exchange
:HOT) announced today a major victory in an arbitration relating to the ownership and management of two Westin hotels. A three-member arbitration panel arbitration panel

A group of individuals charged with resolving a dispute between individuals and/or organizations. Arbitration panels to resolve investment disputes are sponsored by self-regulatory organizations such as NASD.
 issued a unanimous ruling on April 28, finding that Starwood and Westin Hotels Limited Partnership ("WHLP WHLP Windows Helper ") had prevailed in a 17-month long arbitration proceeding and were not liable for any portion of the more than $200 million Kalmia Kalmia

genus of North American trees in the family Ericaceae; contains the poisonous tetracyclic polyol, andromedotoxin; causes vomiting, incoordination, paralysis and hyperexcitability. Includes K. angustifolia (dwarf laurel), K.
 Investors, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 ("Kalmia") alleged as damages to the WHLP partnership in which it is an investor.

Kalmia is the largest limited partner of WHLP, which owned both the Starwood-managed Westin St. Francis Hotel The Westin St. Francis is a luxury hotel in the Union Square district of San Francisco, California. The hotel opened on March 21, 1904. The interior was destroyed in the 1906 Earthquake but the structure survived and the hotel re-opened in late 1907.  in San Francisco and the Westin Michigan Avenue Hotel in Chicago before those properties were sold in April 2000 and January 2005, respectively. Kalmia asserted numerous claims against WHLP, Starwood and Westin Realty Corporation ("Westin Realty"), the general partner of WHLP, and sought lost profits, disgorgement Disgorgement

A repayment of ill-gotten gains that is imposed on wrongdoers by the courts. Funds that were received through illegal or unethical business transactions are disgorged, or paid back, with interest to those affected by the action.
 of management fees, punitive damages and the alleged lost value from the sale of the two hotels in question.

The panel denied Kalmia's claims, stating, "Kalmia failed to carry its burden of proving, separately or in combination, misconduct (by Starwood, WHLP, or Westin Realty) violative of any contractual, fiduciary or other legal duty owed to Kalmia by those parties," and that, "the total damages sought by Kalmia were inflated, unsupported, and lacking in credibility." The panel also characterized Kalmia's main theory of damages as "entirely speculative and highly improbable."

"This is an important victory for us," said Kenneth S. Siegel, Chief Administrative Officer A chief administrative officer (CAO) is responsible for administrative management of private, public or governmental corporations. The CAO is one of the highest ranking members of an organization, managing daily operations and usually reporting directly to the chief executive  and General Counsel of Starwood Hotels. "This ruling is a major validation of Starwood's business practices and proves that we honored our duties to all parties involved and acted in the utmost good faith. We look forward to continuing to successfully manage the Westin St. Francis Hotel and the Westin Michigan Avenue Hotel."

"The panel's decision vindicates Starwood's management of these two great hotels," said William A. Brewer III, partner at Bickel & Brewer and lead defense counsel for Starwood. "We are pleased that the panel agreed and denied Kalmia's claims in all respects."

Kalmia was represented by Cecelia L. Fanelli, Albert M. Appel, and David Bowles of Stroock & Stroock & Lavan LLP LLP - Lower Layer Protocol .

About Starwood:

Starwood Hotels & Resorts Worldwide, Inc. is one of the leading hotel and leisure companies in the world with approximately 850 properties in more than 95 countries and 145,000 employees at its owned and managed properties. Starwood(R) Hotels is a fully integrated owner, operator and franchisor of hotels and resorts with the following internationally renowned brands: St. Regis(R), The Luxury Collection(R), Sheraton(R), Westin(R), Four Points(R) by Sheraton, W(R), Le Meridien(R) and the recently announced Aloft(SM). Starwood Hotels also owns Starwood Vacation Ownership, Inc., one of the premier developers and operators of high quality vacation interval ownership resorts. For more information, please visit www.starwoodhotels.com.
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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 11, 2006
Words:480
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