Fee Me
Kam-Ko Bio-Pharm Trading Co. v. Mayne Pharma (USA) Inc.
April 1, 2009
After successfully compelling defendant into arbitration, plaintiff Kam-Ko could not pay the $220,000 arbitration fee. Kam-Ko claimed the fee was "substantively unconscionable" and brought a "motion for declaratory relief." The Ninth Circuit found the commercial contract in dispute specified mandatory arbitration with the International Chamber of Commerce (ICC) at Kam-Ko's request. The court also found that Kam-Ko had access to the fee structure when it chose the ICC and, ....
Read the full article on the Business Litigation Trial Strategies website.
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