This is a summary of an article originally published by Law360. Read the full article here.

Emcore LLC has urged a New Jersey federal court to reject Elektro Elektronik Sanayi ve Ticaret AS’s attempt to arbitrate claims seeking at least $12.7 million, arguing that the sales representative agreement at the center of the dispute contains no arbitration provision.

The companies entered into two separate agreements in 2018: a sales representative agreement and a distributorship agreement. While the latter requires arbitration, Emcore argues that provision cannot be applied to disputes arising under the sales representative agreement.

“Sophisticated parties who include an arbitration clause in one agreement and omit it from another cannot later rewrite the second agreement to include arbitration after a dispute arises,” Emcore said.

Elektro contends that the agreements were negotiated together and formed part of the same commercial relationship. Emcore disagrees and maintains that the court should decide whether the sales representative claims are subject to arbitration. The company is asking the court to deny Elektro’s motion and block those claims from proceeding in the ongoing ICC arbitration.

Emcore is represented by Cole Schotz attorneys Brandon M. Fierro, Michael C. Klauder, Andrew P. Weiss and Kori L. Pruett.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.