District Court Confirms Interim Arbitral Award Granting Injunctive Relief

Vital Pharmaceuticals, d/b/a VPX Sports v. Pepsico, Inc., No. 20-CIV-62415-RAR (S.D. Fla. Dec. 21, 2020) [click for opinion]

In March 2020, Plaintiff Vital Pharmaceuticals d/b/a VPX Sport (“VPX”) entered into a distribution agreement with Pepsi, Inc. (“Pepsi”), under which Pepsi agreed to distribute VPX’s Bang-branded energy products throughout the United States (the “Agreement”). Less than a year later, VPX terminated the Agreement without cause, claiming that Pepsi was failing to use “commercially reasonable efforts” to distribute VPX products.

Pepsi filed a demand for arbitration with the American Arbitration Association (the “AAA”). Pepsi claimed that VPX was making demands from Pepsi that were not required by the Agreement. Pepsi also maintained that VPX could not terminate without cause without first giving three years’ advance notice, during which time both parties were required to comply with their contractual obligations……

Read the complete story here.

Featured Arbitrators

View all

Read these next


Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration

This article was first published on the Arbitration Matters blog, here. In Pokornik v. SkipTheDishes Restaurant Services Inc., 2022 MBKB 178, Justice Chartier considered the principles arising from Uber Technologies Inc. v....

By Cynthia Kuehl

Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers

This article first appeared on the Securities Arbitration Alert Blog, here. Houston area delivery drivers who generally did not cross state lines were not of the class of workers exempt...

By George Friedman

And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month

This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone from zero arbitration-centric cases set for review to four (five...

By George Friedman

Find an Arbitrator