Originally from ICDR Awards and Commentaries - Volume 2

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ICDR CASE NO. 657-10
FIRST PRELIMINARY ORDER AND ORDER 

American Arbitration Association (AAA)
International Centre for Dispute Resolution (ICDR) 

IN THE MATTER OF ARBITRATION BETWEEN: CHINMAX MEDICAL SYSTEMS INCORPORATED (Claimant) and ALERE SAN DIEGO, INC. (formerly known as BIOSITE INCORPORATED) (Respondent) ICDR Case Number: ***** 657-10

Subject Matters: 
Emergency arbitration; distribution agreements; termination; preliminary interim relief; judicial enforcement of emergency awards.

Findings: 
The Emergency Arbitrator (1) dismissed Alere’s request for declaratory relief that the distribution agreement had either expired or been properly terminated, (2) granted in part and denied in part (a) Alere’s request for return of certain documentation held by Chinmax and (b) Alere’s request for a preliminary injunction preventing Chinmax from communicating with chines government agencies and officials and (3) denied Alere’s request for a preliminary injunction requiring Chinmax to deposit $2.8 million into an escrow account. 

Parties: 
Claimant: CHINMAX MEDICAL SYSTEMS INCORPORATED, a Chinese Corporation,
Respondent: ALERE SAN DIEGO, INC. (formerly known as BIOSITE INCORPORATED), a Delaware Corporation

Place of Arbitration: 
Los Angeles, California (USA)

Applicable Law: 
Not stated