Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd

Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd

The arbitration clause in the Distribution Agreement is valid and enforceable under English law, can be construed consistently with the exclusive jurisdiction clause, and provides for arbitration in London under English law; there was no abandonment or waiver of arbitration, nor submission to Peruvian jurisdiction,...

Source-derived case information.

Parties
Claimant: Exmek Pharmaceuticals SAC; Defendant: Alkem Laboratories Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2015
Procedural Posture
Arbitration Challenge / Judgment on S.67 Arbitration Act 1996 Application
Outcome
Claimant's application dismissed
Legal Topics
Jurisdiction, Arbitration Agreement Validity, Waiver, Submission to Foreign Court, Appointment of Arbitrator
Arbitration Contract Law Conflict of Laws Jurisdiction Arbitration Agreement Validity Waiver Submission to Foreign Court Appointment of Arbitrator

Source-derived case record

Summary, issues, holding and outcome

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Parties

Exmek Pharmaceuticals SAC

Claimant

Alkem Laboratories Limited

Defendant

Procedural Posture

Arbitration Challenge / Judgment on S.67 Arbitration Act 1996 Application

Legal Issues

  1. 1 Whether there is a valid arbitration agreement under the Distribution Agreement
  2. 2 Whether the arbitration provision was abandoned prior to Peruvian proceedings
  3. 3 Whether the Defendant submitted to the jurisdiction of the Peruvian Courts or English Court should recognise Peruvian judgments

Ratio Decidendi

The arbitration clause in the Distribution Agreement is valid and enforceable under English law, can be construed consistently with the exclusive jurisdiction clause, and provides for arbitration in London under English law; there was no abandonment or waiver of arbitration, nor submission to Peruvian jurisdiction, and the Arbitrator's appointment and nationality do not preclude jurisdiction.

Court Disposition

Claimant's application dismissed

Orders

  • Application under s.67 Arbitration Act 1996 is dismissed
  • Arbitration provision is valid and enforceable