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In USA

District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation

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In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered into a marketing agreement with Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., and Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”). The marketing agreement included a 16-year exclusive licensing arrangement for certain drugs, which came to include Amitiza. In 2012, a predecessor to Par Pharmaceutical, Inc. (“Par”) had its application accepted to sell a generic version of Amitiza. Sucampo…

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In USA

Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

by and 4 Mins Read

Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024)[1] Factual Background In November 2000, Mediterranean Shipping Company (“MSC”), a Swiss corporation based in Geneva, chartered M/V FLAMINIA, a cargo vessel, from Conti, a German corporation. The charter agreement required all disputes arising thereunder to be arbitrated in London. From 2000 to 2012, MSC operated the FLAMINIA without issue. In June 2012, a Houston-based employee of…

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In North America

USA: Under Art. V NYC, a panel of appointed arbitrators’ familiarity with one another due to previous work-related encounters does not alone constitute enough bias to vacate an arbitration award

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Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama, 78 F.4th 1252 (11th Cir. 2023)[1] Factual Background Grupo Unidos por el Canal (“Grupo Unidos”) is a consortium of European companies that was awarded a multi-billion dollar construction contract by Autoridad del Canal de Panama (“Autoridad del Canal”) to expand the Panama Canal. When Grupo Unidos completed the expansion twenty months past the deadline, liability disputes followed. Pursuant to the contract’s arbitration clause, any…

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In USA

District court holds that the three-month deadline to file a motion to vacate under the FAA is triggered by an arbitrator’s “final award” despite subsequent motions for clarification

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First Kuwaiti Gen. Trading & Contracting W.L.L. v. Kellogg Brown & Root Int’l, Inc., No. 1:23-mc-1 (E.D. Va. May 12, 2023)[1] Factual Background Petitioner First Kuwaiti General Trading & Contracting W.L.L. (“FKTC”) and Respondent Kellogg Brown & Root International, Inc. (“KBR”) entered into various logistics contracts during the invasion of Iraq in 2003. FKTC experienced increased costs while performing some of the work, which was memorialized by two change orders, and KBR agreed to reimburse…

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