231820P.pdf   03/14/2024  Anhui Powerguard Tech Co, Ltd  v.  DRE Health Corporation
   U.S. Court of Appeals Case No:  23-1820
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Smith and Gruender, Circuit Judges] 
   Civil case - Contracts. After defendant was unable to pay plaintiff for 
   its orders of personal protective equipment, the parties executed an 
   agreement setting up a payments schedule and agreeing that the venue for 
   future disputes was binding arbitration at a Hong Kong arbitration center. 
   Defendant did not make the payments and plaintiff filed this action for 
   breach of contract; defendant filed a motion to stay litigation and compel 
   arbitration. The district court found the arbitration provision was 
   subject to a condition precedent - the initial payment of $1.97 million to 
   plaintiff - and that because defendant failed to make the payment, there 
   was no contract. Held: defendant's failure to remit the initial 
   installment payment relieved plaintiff of its duty to submit the dispute 
   to arbitration.