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

ad
View all

Read these next

Category

Arbitration Tips-N-Tools (TNT): Round 23

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about advice for attorneys deciding between online arbitration (OArb) and in-person arbitration, especially in...

By Myriam Seers, Olof Heggemann, Oladeji Tiamiyu, Amy Schmitz
Category

Analysis: Georgia Court Vacates FINRA Award on Several Bases

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based on multiple Federal Arbitration Act (“FAA”) grounds. Here is the...

By George Friedman
Category

FINRA Year-end Stats 2020: Average in Some Respects; in Other Ways, a Most Uncommon, Even Unique, Year

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. This review of the latest FINRA dispute resolution stats update is provided by Rick Ryder, President of SAC,...

By George Friedman

Find an Arbitrator