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Dispute Resolution Keyed to Carbonneau, 8th Ed.
M&C Corp. v. Erwin Behr GmbH & Co.
Citation:
326 F.3d 772 (2003)Facts
In 1985, M&C Corporation entered into a contract with Behr to serve as Behr’s exclusive sales agent in the United States and Canada for wood interior panels for luxury automobiles. The contract included an arbitration clause requiring disputes to be settled under the Rules of the Court of Arbitration of the International Chamber of Commerce. In 1991, Behr terminated the agreement but allegedly failed to pay M&C commissions earned for sales and client development work. M&C sued, and the district court ordered arbitration. The arbitrator ruled in favor of M&C, and the district court confirmed the award. The Eighth Award required Behr to provide M&C with documentation for sales of certain products and pay commissions on future sales. A dispute arose over the interpretation of this award, particularly regarding what constituted an “order” under the contract and whether Behr owed commissions on certain parts (1996 EK parts and 1997 K parts). After multiple proceedings and appeals, the district court determined it could not ascertain the amount owed under the Eighth Award and remanded to the original arbitrator for clarification, without specifying the exact ambiguity requiring clarification.
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