Shook Partner Arbitrates $32-Million Dispute over Pineapple Seeds

Shook Partner Bert Ocariz served as an arbitrator in a dispute between
Fresh Del Monte Produce Inc. and Inversiones y Procesadora Tropical
SA that concluded with an award of $32 million to Del Monte. Del Monte
Int’l GmbH v. Inversiones y Procesadora Tropical SA, No. 20097/RD
(Int’l Chamber of Commerce).

Del Monte argued that the Costa Rican pineapple producer had
continued to cultivate its MD-2 pineapple after its contract lapsed in
2013. Ocariz and the other arbitrators found that although a 2002 settlement
agreement held the MD-2 was in the public domain, the pineapple
grower continued to use the same crops and seeds provided by Del Monte
after the companies’ contractual relationship had concluded. The award
includes $26.1 million in damages, interest and attorney’s fees as well as
costs of $2.5 million.

Issue 609