Resources > Bio-Con v. Microtex – Negotiation and Arbitration
Bio-Con v. Microtex – Negotiation and Arbitration
Marjorie Corman Aaron
This a business contract and fraud dispute, arising from an unconsummated joint venture between Bio-Con, Inc. and Microtex, Inc. The scenario can be used as an arbitration, mediation or negotiation simulation. Bio-Con filed a demand for arbitration against Microtex asserting claims for breach of contract, breach of fiduciary duty (stealing the business opportunity with MegaMed), and breach of their Confidentiality Agreement (stealing proprietary information). Microtex denies all claims but agrees the arbitration provision applies to the dispute. Under the relevant arbitration rules (and by agreement of the parties), document discovery has begun, and depositions have been taken of three witnesses. Prior to the depositions of both companies’ CEOs, counsel agreed to discuss the possibility of settlement with them. If used as a negotiation simulation, it works best if the instructor finds “real” (outside) clients for the students. Information includes copies of various memos written to recruit clients, pairing sheets, etc.
Bio-Con v. Microtex: Teaching Note (PDF)
Bio-Con v. Microtex: Information for the Bio-Con Attorney (PDF)
Bio-Con v. Microtex: Information for the Bio-Con CEO (PDF)
Bio-Con v. Microtex: Information for the Microtex Attorney (PDF)
Bio-Con v. Microtex: Information for the Microtex CEO (PDF)
Email Memos for Volunteer Clients
Bio-Con v Microtex: Information for Potential BioCon v. Microtex Clients (PDF)
Bio-Con v Microtex: Memo to Clients (PDF)
Bio-Con v Microtex: Memo to Volunteer Clients (PDF)
Questionnaires and Award Forms
Bio-Con v Microtex: Decision and Award Form for Single Arbitrator (PDF)
Bio-Con v Microtex: Questionnaire for Single Arbitrator (PDF)
Results of Questionnaires and Awards
Bio-Con v. Microtex: Arbitration Results In-Class and In the Original Experiment (PowerPoint)
Bio-Con v. Microtex: Four Years of Questionnaire Results (PowerPoint)