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Apple & Eve, LLC v. Yantai North Andre Juice Co. Ltd.

499 F. Supp. 2d 245 (2007)

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Apple & Eve, LLC v. Yantai North Andre Juice Co. Ltd.

United States District Court for the Eastern District of New York
499 F. Supp. 2d 245 (2007)

  • Written by Tanya Munson, JD

Facts

Apple & Eve, LLC (Apple & Eve) was a Delaware limited-liability company in the business of purchasing and distributing apple juice with a principal place of business in New York. Apple & Eve entered into two contracts with an apple-juice-concentrate producer, Yantai North Andre Juice Co. Ltd. (Yantai). Yantai was a corporation organized under the laws of the People’s Republic of China (PRC) with a principal place of business in Yantai, Shandong Province, China. The contracts were negotiated in New York and contained an arbitration clause requiring that if a controversy cannot be settled by negotiation, it will be submitted to arbitration in the country of the defendant “in accordance with the arbitration organization of the defendant country.” In 2005, Apple & Eve brought suit against Yantai in district court in New York. Apple & Eve alleged that Yantai breached its obligations under the contracts and that Apple & Eve attempted to amicably resolve the dispute but were unsuccessful. Yantai filed a motion to dismiss the complaint and to compel arbitration in China according to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the convention).

Rule of Law

Issue

Holding and Reasoning (Bianco, J.)

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