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Case Notes
Arbitration Clause Broadly Construed
The arbitration clause in a settlement agreement may be broadly construed unless specific language in the text of the settlement agreement states otherwise. State of New York v. Philip Morris, Inc., et al., April 12, 2006.
Numerous government entities commenced an action against the major tobacco companies seeking reimbursement for health care costs associated with tobacco use. A settlement was reached, called the Master Settlement Agreement ('MSA'). The MSA set forth the rights and obligations of the parties, including the amounts to be paid by the tobacco companies. The agreement contained an arbitration clause to obviate any future litigation that might arise out of the interpretation of the computations of payments to be made by the tobacco companies. The MSA required each settling tobacco company, inter alia, to make an annual lump sum payment that is then allocated among the settling governmental entities. An independent auditor performs the calculation of how much is owed. The calculation is based on an agreed-upon annual aggregate payment and then allocated to each tobacco manufacturer based upon market share. The MSA required arbitration of issues that arose from it. The MSA also provided that each government entity's state law would be applied for each issue that might arise.
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