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UNITED STATES 8 March 2023 Ipsen Biopharm
United States District Court, Northern District of Texas, Fort Worth Division, 8 March 2023, Civil Action No. 4:22-cv-00662-O
(Ipsen Biopharm Ltd. v. Galderma Laboratories, ... Read more
United States District Court, Northern District of Texas, Fort Worth Division, 8 March 2023, Civil Action No. 4:22-cv-00662-O
(Ipsen Biopharm Ltd. v. Galderma Laboratories, L.P., and Galderma Research & Development, LLC)
UNITED STATES 8 March 2023 Ipsen Biopharm
The Court dismissed a motion for injunctive relief, applying the doctrine of forum non conveniens to determine whether the motion was proper. The Supreme Court holds, first, that an agreement to arbitrate before a specified tribunal is a specialized kind of forum-selection clause; and, second, that the appropriate way to enforce a forum-selection clause pointing to a foreign forum is through the doctrine of forum non conveniens. Reading these two holdings together, the District Court considered that arbitration agreements, including arbitration agreements subject to the New York Convention and the Federal Arbitration Act (FAA), should be enforced through the doctrine of forum non conveniens.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.