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- Title
Injunction Not Available to Prevent Entry of Award.
- Abstract
The article focuses on the denial of a preliminary injunction against entry of an arbitrator's award of overcharge damages by a federal district court, with reference to Sunoco Inc. v. Honeywell International Inc. case. The federal district court stated that the proper remedy was to seek to vacate the final award. Information is given that Sunoco manufactured and shipped phenol to Honeywell under a purchase and sale agreement containing a method for pricing cumene until 2004. Honeywell believed that it was being overcharged for cumene, so it filed a demand for arbitration seeking, inter alia, damages for past and future overcharges. In response to the suit, Sunoco claimed that the agreement required the current price to apply until a new method is decided and Honeywell exceeded the scope of that agreement by asking the arbitrator to determine a pricing method retroactively to January 1, 2005. The district court found that Sunoco's rights would be fully protected by denying the preliminary injunction which Sunoco could challenge on a motion to vacate.
- Subjects
INJUNCTIONS; ACTIONS &; defenses (Law); SUNOCO Inc.; HONEYWELL International Inc.; ARBITRATION &; award; DAMAGES (Law); DISTRICT courts; CIVIL procedure; PRICING
- Publication
Dispute Resolution Journal, 2005, Vol 60, Issue 4, p91
- ISSN
1074-8105
- Publication type
Article