U.S. Court Orders Olin to Supply Odyssey with HyPure Bleach Amidst Lawsuit

In a legal melee over a supply contract, a U.S. court has directed Olin Corporation to provide HyPure bleach to Odyssey Manufacturing. This order is in effect while the lawsuit continues between the two entities.

Background of the Dispute

Odyssey initiated a lawsuit against Olin on 28 April 2023, following a discovery that its HyPure bleach shipments would be restricted to 1,930 EQW/month. This equates to approximately 3.86 million gallons or 14.6 million litres monthly, starting in May. Olin later slightly increased the restriction to 2,061 EQW/month. According to Odyssey, this capped amount was in breach of their decade-long supply contract. Furthermore, Olin failed to supply the adjusted amount.

Odyssey's major concern, as outlined in the complaint, was that the reduced shipments from Olin threatened its capability to provide adequate product volumes to water and wastewater facilities throughout Florida. This is especially crucial during the peak-demand period from August to October. Insufficient bleach supplies during these months could necessitate boil-water advisories, Odyssey warned.

Adding another layer to the dispute, Olin proclaimed a force majeure on HyPure bleach deliveries later in August. Odyssey countered, questioning the timing and legitimacy of this announcement.

Olin's Defense

In response to Odyssey's lawsuit and requests, Olin has presented its own line of defense. The company countered the plea for a preliminary injunction, arguing that such a move would overstep the bounds established by their supply agreement. Olin's stance is that under the contractual terms, Odyssey is only eligible to claim the financial value of the disputed bleach shipments and not the actual volumes. They further assert that any compensation is contingent on proving a breach of contract on Olin’s part.

The Court's Ruling

On 16 August 2023, the court ruled against Olin's position. It mandated Olin to ensure supplies to Odyssey amounting to up to 2,061 EQW/month of bleach, at least until October's end. This volume corresponds to the revised cap which Odyssey had agreed to. The court expects Odyssey to source bleach from alternative suppliers post-October.

In arriving at this decision, the court recognized a breach of contract by Olin and inferred that Odyssey stands a good chance of winning its claim. The force majeure declaration by Olin was also scrutinized, with the court remaining unconvinced that the supply disruptions were genuinely out of Olin's control. Crucially, the court acknowledged the potential irreversible harm faced by Odyssey, highlighting the risk to water and wastewater facilities and the subsequent damage to Odyssey’s reputation and client relationships.

According to Procurement Resource, in the ongoing legal tussle between Olin Corporation and Odyssey Manufacturing over bleach supply, a U.S. court has directed Olin to provide the agreed quantities of HyPure bleach to Odyssey. The decision comes after Olin's attempts to cap bleach supplies, potentially endangering water treatment processes in Florida. The court's ruling, favoring Odyssey, underscores the importance of adhering to supply contracts and the potential public health implications of such business disputes.