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Dispute Resolution Keyed to Stone, 4th Ed.
Paramedics Electromedicina Comercial v. GE Medical Systems Information Technologies
Citation:
369 F.3d 645 (2004)Facts
Tecnimed, a Brazilian medical equipment distributor, had distributed products for GEMS-IT and its predecessors since 1995. In 1999, the parties executed Sales and Service and Distribution Agreements containing broad arbitration clauses requiring disputes to be resolved through the Inter-American Commercial Arbitration Commission. By 2001, controversies arose regarding unpaid invoices and alleged violations of distribution rights. After GEMS-IT initiated arbitration in March 2002, Tecnimed filed suit in Porto Alegre, Brazil, ten days later, naming both GEMS-IT and GE Brasil as defendants. Tecnimed then petitioned New York State court for a stay of arbitration. GEMS-IT removed to federal court and counterclaimed for an order compelling arbitration and an anti-suit injunction. Despite the district court’s orders to dismiss the Brazilian action, Tecnimed merely requested the case be placed on a “suspense” calendar and refused to sign a Joint Petition to Dismiss, citing concerns about statute of limitations and honorarium fees.
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