Distributor Seeks Damages in Arbitration

Our firm was the lead counsel for the claimant, a distributor. The respondent, a food processor and distributor, entered into a long-term exclusive distribution agreement through which the distributor would market and distribute all food products produced by the food processor. A dispute arose between the parties as to the monies the distributor was entitled to retain under the agreement, and the food processor terminated the parties’ agreement. The distributor initiated arbitration first, seeking $16.5 million in damages through the remaining term of the agreement. The respondent asserted a counterclaim, seeking damages of $23.4 million. The eight-day arbitration hearing was conducted in 2018 and post-hearing submissions are pending.