Med Tech/Med Care v. Hemosure CA2/7

BACKGROUND AND PROCEDURAL HISTORY

A. The Agreement On December 1, 2016 Hemosure and Med Tech entered into a one-year independent sales representative agreement. Med Tech agreed to “aggressively promote the sale of [Hemosure’s] products, to service the customers and the distributors of the company . . . , and to make regular calls and in-person visits to these customers and on these distributors at acceptable intervals of time.” Hemosure agreed to pay Med Tech a commission on all net sales to medical distributors of Hemosure’s products upon invoice payments and verified tracings as provided by the distributors. The agreement contained an arbitration provision that stated, “Any dispute or disagreement arising out of or relating to this agreement or the relationship of the parties shall be settled by arbitration, according to the American Arbitration Association Rules, in Los Angeles, CA.”

B. The Arbitration In January 2018 Med Tech filed an arbitration demand asserting claims for breach of contract, violation of the California Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (Civ. Code, § 1738.10 et seq.; the Act),

2 unjust enrichment, and…