![]() Several key events between 20 before multiple tribunals frame the warm-up to the arbitration. However, the dispute is no ordinary breach of contract action. The agreement, which was signed only by New Balance and PSG, included a choice of law clause mandating Massachusetts law as well as an arbitration clause, which New Balance ultimately invoked in 2018. In January 2013, New Balance entered into a distribution agreement with Peruvian Sporting Goods (“PSG”), whereby PSG would serve as the exclusive wholesale distributor of New Balance products in Peru in exchange for paying distribution fees. As it turned out, the parties’ journey to the Court of Appeals was more of a marathon than a sprint. The Court of Appeals found that the respondents were – contrary to their contentions – subject to the arbitrator’s jurisdiction and bound by the original agreement between the parties to arbitrate their disputes. On April 6, 2023, popular footwear and fitness apparel company, New Balance Athletics (“New Balance”), stepped away with a win as the First Circuit Court of Appeals reversed an earlier Massachusetts district court’s decision to vacate an arbitration award in favor of New Balance arising out of a dispute with its distributor in Peru. Freeman The Other Shoe Drops for Peruvian Distributor After Circuit Court Reinstates Arbitration Award in Favor of New Balance We hope you enjoy this and future issues.Įdited by Robert E. ![]() Your feedback, thoughts, and comments on the content of any issue are encouraged and welcome. Kaden for their hard work on these articles. In this issue, we feature contributions from our talented group of summer associates. ![]() Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Circuit Court Puts on Blinders, Refusing to Rehear Ruling on Horseracing Regulation. ![]()
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