DGW Kramer LLP recently prevailed in convincing the District Court for the Middle District of Florida to deny a motion to compel arbitration.  In the matter of Shandong Luxi Pharmaceutical Co., Ltd. v. Camphor Technologies, Inc., the court ruled on December 23, 2021, that arbitration should not be compelled.  DGW Kramer’s client, Luxi Pharmaceutical, contended that arbitration should not be compelled, while the defendant sought to compel arbitration.  The court correctly concluded that this presented an unusual case in which a request to compel arbitration should be denied.  The court ruled that the designation of the arbitral body was “integral” to the arbitration clause, but the chosen body did not exist and therefore the motion to compel arbitration was denied.  In general, courts almost always defer to the strong public policy favoring arbitration, and this is a remarkable decision that is likely to have precedential effect. 

Katie Burghardt Kramer and RongPing (Larry) Wu are representing the plaintiff in this matter.  Ms. Kramer and Mr. Wu are experienced litigators who routinely handle complex commercial litigation matters and international arbitration matters across the United States.