Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd [2015] EWHC 3158 (Comm) (03 November 2015)

Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd [2015] EWHC 3158 (Comm) (03 November 2015)

The arbitration agreement in the Distribution Agreement is valid and binding under English law, can be construed consistently with the exclusive jurisdiction clause, and provides for arbitration in London under English law; the defendant did not abandon or waive the arbitration agreement nor submit to the...

Source-derived case information.

Citation
[2015] EWHC 3158 (Comm)
Parties
Claimant: Exmek Pharmaceuticals SAC; Defendant: Alkem Laboratories Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2015
Procedural Posture
Section 67 Arbitration Act 1996 Challenge to Arbitral Jurisdiction / Judgment on Application
Outcome
Claimant's application dismissed
Legal Topics
Validity of Arbitration Agreement, Jurisdictional Challenge, Submission to Foreign Court Jurisdiction, Interpretation of Arbitration Clauses, Recognition of Foreign Judgments
Arbitration Commercial Law Conflict of Laws Validity of Arbitration Agreement Jurisdictional Challenge Submission to Foreign Court Jurisdiction Interpretation of Arbitration Clauses Recognition of Foreign Judgments

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Summary, issues, holding and outcome

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Parties

Exmek Pharmaceuticals SAC

Claimant

Alkem Laboratories Limited

Defendant

Procedural Posture

Section 67 Arbitration Act 1996 Challenge to Arbitral Jurisdiction / Judgment on Application

Legal Issues

  1. 1 Whether there is a valid and binding arbitration agreement under the Distribution Agreement
  2. 2 Whether the defendant abandoned or waived reliance on the arbitration agreement prior to Peruvian proceedings
  3. 3 Whether the defendant submitted to the jurisdiction of the Peruvian courts such that the English court should recognise the Peruvian judgment

Ratio Decidendi

The arbitration agreement in the Distribution Agreement is valid and binding under English law, can be construed consistently with the exclusive jurisdiction clause, and provides for arbitration in London under English law; the defendant did not abandon or waive the arbitration agreement nor submit to the jurisdiction of the Peruvian courts; the arbitrator was not precluded by nationality or appointment procedure, but the appointment process must comply with the Act; the claimant's challenge under s.67 fails.

Court Disposition

Claimant's application dismissed

Orders

  • Claimant's challenge under s.67 of the Arbitration Act 1996 is dismissed
  • The arbitration agreement is valid and binding under English law