BioAlliance Pharma filed an appeal to the French Supreme Court contesting a preliminary procedural decision on jurisdiction in the arbitration against SpePharm and SpeBio
1 Jun, 2011
The proceedings to the arbitral tribunal are still at a preliminary stage concerning the scope of its jurisdiction. This tribunal will have to rule on the relief sought by BioAlliance Pharma and the counterclaims of SpePharm and SpeBio.
BioAlliance Pharma announces today that it has filed an appeal to the French Supreme Court on a procedural matter in this arbitral proceedings that it had initiated against SpePharm and SpeBio. In this arbitration, BioAlliance Pharma argues that SpePharm and SpeBio (the common subsidiary which is managed by SpePharm and which was created at the time in order to market Loramyc®) breached their contractual obligations. These breaches resulted in a delay in the marketing of Loramyc® and which compelled BioAlliance to rescind the contracts in question.
BioAlliance Pharma contests the decisions rendered on the issue of the scope of the jurisdiction of the arbitral tribunal.
These decisions or any public declaration of SpePharm on this subject have no bearing on the merits of the case and the decisions that will be issued in the future once the question of jurisdiction is finally decided.