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

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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