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

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
Category

Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons

This article was first published on the Securities Arbitration Alert blog, here. Introduction Industry-sponsored arbitration has long been the only option for investors who have claims against their financial advisors...

By Courtney M. Werning, David Neuman, Jorge L. Riera, Michael S. Edmiston
Category

Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence

In this episode of the Arbitration Conversation Amy interviews Catherine A. Rogers, a scholar of international arbitration and professional ethics at Penn State Law, with a dual appointment as Professor...

By Catherine Rogers, Amy Schmitz

Find an Arbitrator

X
X
X