We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Status of Valuation Under the FAA.
- Authors
Zuckerman, Susan C.
- Abstract
This article reports on the ruling made by the U.S. Court of Appeals for the 8th Circuit regarding the status of valuation under the Federal Arbitration Act (FAA) in the case of PVI Inc. versus Ratiopharm GmbH. The U.S. Court of Appeals for the 8th Circuit has ruled that unless the parties have agreed that a judgment on an award shall be enforceable in court, an agreement that a neutral's expert stock valuation shall be final, binding and conclusive, was insufficient to make the award enforceable under the Federal Arbitration Act . The case arose out of the purchase by Ratiopharm GmbH of 51 % of Martec stock from its owners, one of which was PVI Inc. The selling shareholders retained a minority interest in the company after the stock sale. The stockholders' agreement provided that after five years the minority shareholders could require Ratiopharm to repurchase all of their remaining Martec stock at an agreed price. The 8th Circuit affirmed. It held that a confirmation under the FAA could not be obtained because the stockholders' agreement did not contain a provision stating that the parties agreed that a judgment of the court shall be entered upon the award.
- Subjects
UNITED States; ACTIONS &; defenses (Law); PVI Inc.; RATIOPHARM GmbH; UNITED States. Court of Appeals (8th Circuit); STOCK prices
- Publication
Dispute Resolution Journal, 1998, Vol 53, Issue 2, p89
- ISSN
1074-8105
- Publication type
Article