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22 March 20242 minute read

DLA Piper secures significant ICC arbitration win for UpHealth Holdings

DLA Piper achieved a significant arbitration victory on behalf of client UpHealth Holdings, Inc. (UpHealth), a global digital health company, in the International Court of Arbitration of the International Chamber of Commerce (ICC) against Glocal Healthcare Systems Private Limited (Glocal), a healthcare tech company based in India.

The ICC tribunal, seated in Chicago, unanimously found that it had jurisdiction over all 6 respondents – Glocal and five of its shareholders (three of whom are also its directors) – and that they had breached the terms of their Share Purchase Agreement with UpHealth. The tribunal awarded specific relief as well as up to US$110 million in damages (in 2 tranches), and US$5.3 million in attorneys’ fees and other costs.

This case was preceded by an emergency ICC arbitration in October-November 2022, where UpHealth obtained a TRO and emergency interim orders. In parallel to the main ICC arbitration, UpHealth has had to fight no fewer than seven parallel litigations in India. The arbitration was governed by Indian law, and DLA Piper worked with local counsel P&A Law Offices to achieve this outstanding result.

The DLA Piper team that represented UpHealth was led by partner Kate Brown de Vejar (Mexico City); partner Jeff Selman (San Francisco); of counsel Joshua Kane (New York); and associates Ishaan Madaan (New York) (dual-qualified in New York and India), Clara Knapp (San Francisco) and Irene Cuellar Araiza (Mexico City).