M&C Corp. v. Erwin Behr GmbH & Co.

M&C Corporation (plaintiff), a Michigan business, contracted with Erwin Behr GmbH & Company, KG (Behr) (defendant) to be Behr’s exclusive sales agent in the United States and Canada. The agreement included an arbitration provision stating that all disputes would be settled under the International Chamber of Commerce (ICC) arbitration rules. Behr failed to provide proper commissions for M&C’s sales, and M&C filed suit in federal district court, which sent the parties to arbitration in England. The arbitrator issued multiple awards for M&C, and M&C petitioned the district court to confirm the awards in accordance with the New York Convention. Several awards were contested, and the case was appealed from the district court to the Sixth Circuit twice. Another dispute arose over the enforcement of award eight. Behr and M&C disagreed on the meaning of terms in the award, leading to differing numbers for the amount owed by Behr. The district court initially found that the award was unambiguous but failed to clearly determine the precise amount Behr owed to M&C. As a result, the district court held that award eight was unclear as to its application and that the arbitrator had not fully adjudicated an issue. The court issued an order to remand the matter back to the arbitrator. Behr appealed the district court’s remand order to the Sixth Circuit, arguing that remand was improper under the ICC and New York Convention rules.