A collection of the most recent U.S. international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
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Zheng v General Electric Company, No. 1:15-CV-01232 (N.D.N.Y. June 9, 2016)06/09/2016
Motion of compel arbitration and dismiss action granted. In granting the motion, court held that the parties agreed to arbitrate and all of the claims were within scope of the arbitration agreement and arbitrable.
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Getma International v. Republic of Guinea, No. 1:14-CV-01616-RBW (D.D.C. June 9, 2016)06/09/2016
Motion to confirm and enforce an annulled arbitration award denied. Where a foreign court has annulled an arbitral award, a court in the US may only ignore that annulment on limited occasions and under extraordinary circumstances, such as where the annulment tends to clearly undermine public interest. Here, where the award issued by a tribunal under the Common Court of Justice (CCJA) Arbitration Rules was subsequently annulled by the CCJA because the tribunal breached the Rules and solicited increased fees despite being ordered not to, the court is not compelled to ignore the annulment.
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U.S.A. Institutional Tax Credit Fund LXXI, L.P. v. Brownsville Village III, LLC, No. 1:16-CV-20456-KMW (S.D. Fla. June 8, 2016)06/08/2016
Court granted defendant’s motion to compel arbitration and dismiss the case pursuant to the FAA, finding that the arbitration clause was enforceable, the claims fell within the scope of the arbitration clause, and defendant had not waived its right to arbitrate by waiting to file its motion two months after litigation was commenced but prior to a scheduling order or discovery. Court dismissed the case because plaintiff’s entire claim was subject to arbitration.
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Thomas v. Louis Dreyfus Commodities, LLC, No. 3:15-CV-00394-RLB (M.D. La. June 8, 2016)06/08/2016
Motion to stay action pending arbitration granted. Where a third-party was named as an additional defendant, and a binding arbitration agreement exists between the third-party and the defendant, the court was bound to enforce the arbitration agreement notwithstanding the presence of the plaintiff who is a party to the underlying dispute but not the arbitration agreement.
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Belize Bank Ltd. v. Government of Belize, No. 1:14-CV-00659-APM (D.D.C. June 8, 2016)06/08/2016
Motion to confirm foreign arbitration award and to enter judgment granted and motion to dismiss denied. Following recent associated cases, court held that an LCIA arbitration award was enforceable since the FSIA’s arbitration exception applied and it had jurisdiction under the Federal Arbitration Act, 9 USC § 201. Court rejected the respondent’s challenges to the award under Art. V of the New York Convention, including a challenge based on the constitution of the arbitral tribunal and the application of the LCIA’s conflict rules.
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White Oaks Reality, LLC v. Fortress Clay Group, USA, LLC, 2:16-CV-02235-LMA-KWP (W.D. La. June 7, 2016)06/07/2016
Motion for a default judgment granted and court will enter a judgment confirming the arbitration award. Where parties have agreed to submit to arbitration pursuant to the AAA arbitration rules, they consent to a federal court’s jurisdiction to enforce the arbitration award pursuant to 9 USC § 9.
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Mills v. CarMax, Inc., No. 3:15-CV-05018 (D.S.C. June 7, 2016)06/07/2016
Having reviewed, de novo, the Report of the Magistrate Judge, court granted the motion to compel arbitration and held that the action should be stayed pending arbitration.
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Vine v. PLS Financial Services, Inc., No. 3:16-CV-00031-PRM (W.D. Tex. June 6, 2016)
06/06/2016Court denied defendants’ motion to dismiss. Court held that despite a valid agreement to arbitrate under Texas law, lending defendants invoked the judicial process by reporting borrowing plaintiffs to the local district attorneys to investigate through the criminal justice system alleged theft. Court held defendants thereby waived their arbitral rights as the plaintiffs would be prejudiced if required to arbitrate.
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ST Shipping & Transp. PTE, Ltd. v. Agathonissos Special Mar. Enter., No. 1:15-CV-04983-AT (S.D.N.Y. June 6, 2016)06/06/2016
Court denied motion to vacate the arbitration award, rejecting petitioner’s arguments that the panel had refused to hear evidence pertinent and material to the controversy, warranting vacatur of the award under FAA § 10(a)(3). Further, contrary to petitioner’s assertions, the arbitration panel had no obligation to hold an oral hearing, and plaintiff could not identify what evidence further discovery and hearing would have adduced.
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Manning v. Parsons Transportation Group, Inc., No. 1:16-CV-00390 (E.D. Cal. June 13, 2016)06/06/2016
Motion to compel arbitration and stay action granted because the FAA applies when employment affects interstate commerce, a valid agreement to arbitrate exists, and that agreement encompasses the dispute at issue.
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Virtualpoint, Inc. v. Poarch Band of Creek Indians, No. 8:15-CV-02025, (C.D. Cal. June 6, 2016)06/06/2016
Motion to dismiss action for declaratory judgment and common law fraud against the National Arbitration Forum, Inc. granted. Doctrine of “arbitral immunity protects arbitrators and the arbitration process from ‘reprisals by dissatisfied litigants’” so long as they act “‘within the scope of their duties and within their jurisdiction.’” Allegations of bias, unless “‘systemic, pervasive, and far reaching,’” are insufficient to overcome arbitral immunity.
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Koch v. Koch, No. 3:16-CV-00037-ARC (M.D. Pa. June 3, 2016)06/03/2016
Motion to dismiss and compel arbitration denied without prejudice. Court held the record was insufficiently developed to rule on plaintiff’s claims of unconscionability and granted the parties limited discovery on the issue of arbitrability.
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Hart v. ITC Service Grp., Inc., No. 15-CV-599-W-DGK (W.D. Mo. June 2, 2016)06/02/2016
Motion to compel arbitration granted, deferring the question of collective arbitrability to the arbitrator because the parties agreed to conduct arbitration under AAA arbitration rules, which empower arbitrator to decide questions of arbitrability.
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Franklin Templeton Bank & Tr. v. Butler Family Tr., No. 2:15-CV-435-JNP-EJF (D. Utah June 2, 2016)06/02/2016
Motions to compel arbitration and stay proceedings denied. Plaintiff who signed agreement with arbitration clause in its capacity as a trustee, was not intended to receive a direct benefit from that agreement in its individual capacity, and is not relying on that agreement, cannot be compelled to arbitrate.
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Bumbarger v. Credit One Fin., No. 15-CV-944 (W.D. Pa. June 2, 2016)06/02/2016
Motion to dismiss and compel arbitration denied. Existence and validity of arbitration agreement was not established on the face of plaintiff’s complaint, requiring discovery into this issue.
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Mitchell v. HCL America, Inc., No. 5:15-CV-565-FL (E.D.N.C. June 2, 2016)06/02/2016
Motion to compel arbitration granted and action dismissed. While mandatory arbitration in an employment contract is not unconscionable, the arbitration clause is unconscionable to the extent it provides for arbitration in a location several thousand miles away from the employee’s place of employment and exempts defendant from arbitrating claims arising from plaintiff’s “undertakings.” Those aspects of the arbitration clause are to be severed.
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GAC International, LLC v. Roth Licensing LLC, No. 2:15-CV-02375-JMA-AKT (E.D.N.Y. Jun. 1, 2016)06/01/2016
Court granted motion to compel arbitration and stayed proceedings. Court held that the parties’ arbitration clause was broad enough to cover the issues in dispute. Court further noted that any arguments asking it to resolve substantive issues were ones that were reserved for the arbitrator.
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Flinn v. Bank of America Corp., No. 5:15-CV-00193-GWC (D. Vt. June 1, 2016)06/01/2016
Court denied defendant’s motion for stay. Court held that under the FAA there was no basis to grant a stay as defendant conceded that it is not a proper party to the arbitration, and defendant did not meet its heavy burden of showing the necessity for a stay because there was no assurance the arbitration would conclude expeditiously.
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Haines Caribe, Inc., v. Global Mfrs. & Contractors, S.A., No. 1:15-CV-972 (M.D.N.C. June 1, 2016)06/01/2016
Motion for preliminary anti-suit injunction barring defendant from pursuing foreign court proceedings in contravention of arbitration agreement denied because U.S. court did not have personal jurisdiction over defendant.
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Wu v. Prudential Fin., Inc., Nos. 15‐2877 & 15‐2880 (7th Cir. June 1, 2016)06/01/2016
District court acted within its discretion to vacate order to dismiss without prejudice and replace with order to dismiss with prejudice, where order had been granted on the basis of plaintiff’s promise to take case to arbitration and plaintiff failed to initiate arbitration.
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Garmin Wurzburg GmbH v. Auto. Imagineering & Mfg., LLC, No. 3:14-CV-02006-PPS-CAN (N.D. Ind. June 1, 2016)06/01/2016
Arbitration award previously issued and confirmed against corporate defendant now confirmed against president and sole member of the corporate defendant since elements for piercing the corporate veil under Michigan law were met.
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Deem v. Baron, No. 2:15-CV-00755-DS (D. Utah June 1, 2016)06/01/2016
Motion to compel arbitration granted, action stayed, and motion for preliminary injunction to maintain the status quo denied. Plaintiff’s offer to arbitrate, although not accepted by defendant, was not sufficient to constitute substantial compliance with mandatory mediation / arbitration clause. Preliminary injunction in arbitrable case not available from court where not provided for in arbitration agreement.
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Grayco Commc’ns, L.P., v. ADB Cos., No. H-16-1029 (S.D. Tex. June 1, 2016)06/01/2016
Motion to compel arbitration granted and action stayed pending completion of arbitration. Arbitration clause that provided one party the option to choose arbitration or litigation was not illusory. “The lack of mutuality of arbitration obligation does not invalidate an arbitration provision in a contract otherwise supported by valid consideration.”
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Fusco v. Plastic Surgery Ct’r, P.A., No. 2:15-CV-460-DBH (D. Me. May 31, 2016)05/31/2016
Motion for reconsideration of order compelling arbitration denied. While high cost structure of AAA arbitration deters employee-plaintiff from seeking relief, first circuit precedent permits plaintiff to challenge whether mandatory arbitration provides an effective vindication of her statutory rights only following final decision of the arbitrator.
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Aquino v. Toyota Motor Sales USA, Inc., No. 15-CV-05281-JST (N.D. Cal. May 31, 2016)05/31/2016
Motion to compel arbitration granted and action stayed. Implied-in-fact agreement to arbitrate existed where employee had notice of employer’s implementation of an arbitration agreement and continued to work for employer after agreement went into effect without opting out.
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Grkman v. 890 Weatherwood Lane Operating Co., No. 2:16-CV-00519 (W.D. Pa. May 31, 2016)05/31/2016
Motion to dismiss in favor of arbitration denied. Decedent did not have power to agree to arbitrate wrongful death claims arising from his death since such claims belong to his heirs. While survivorship claims belong to decedent could in principle be subject to an agreement to arbitrate, they could not be severed from wrongful death claim under Pennsylvania law, and FAA did not preempt.
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LeafGuard of Kentuckiana, Inc. v. LeafGuard of Kentucky, LLC, No. 5:15-CV-00237 (E.D. Ky. May 31, 2016)05/31/2016
Motion to reinstate claims rejected. Defendant did not waive its right to arbitrate by failing to proceed with arbitration following granting of motion to compel arbitration since plaintiff’s motion to reconsider that decision was pending.
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Int’l Ass’n of Machinists & Aerospace Workers v. Dyncorp Int’l LLC, No. 16-1023 (4th Cir. May 31, 2016)05/31/2016
District court’s order compelling arbitration affirmed. Carve-out to collective bargaining agreement’s arbitration clause for security matters was limited to adverse employment actions that touch or concern particularized security issues of importance to the government.
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Calumet River Fleeting, Inc. v. Int’l Union of Operating Eng’rs, No. 15-3174 (7th Cir. May 31, 2016)05/31/2016
District court’s rejection of claim to compel arbitration confirmed. Appellant terminated its participation in the operative agreement before the dispute arose and thus was not a party to that agreement’s arbitration clause.
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Diag Human S.E. v. Czech Republic, No. 14-7142 (D.C. Cir. May 31, 2016)05/31/2016
Appellate court reverses district court’s decision to dismiss claim for enforcement of a foreign arbitral award for lack of subject matter jurisdiction. An informal arrangement contemplating reciprocal rights and obligations meets the requirement of a “defined legal relationship, whether contractual or not” for the arbitration exception to sovereign immunity under FSIA. Subject matter jurisdiction under the New York Convention exists because the legal relationship was commercial in nature since it related to the provision of health services.
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Daniels v. Painter, No. 15-CV-1334 (E.D. Wis. May 27, 2016)05/27/2016
Motion to transfer granted and other motions denied as moot. Where arbitration clause provided for venue in Los Angeles, but plaintiffs’ cause of action was filed in Wisconsin one week before defendants filed in California, Wisconsin court concluded that the enforcement of the parties’ arbitration clause consistent with § 4 of the FAA and the interest of judicial economy were best served by having the California court determine whether to compel arbitration.
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Allscripts Healthcare, LLC v. Etransmedia Technology, Inc., No. 15-c-5754 (N.D. Ill. May 27, 2016)05/27/2016
Motion to stay suit and compel arbitration granted. Since the arbitration clause provided for arbitration under the AAA arbitration rules, which empower arbitrators to decide upon the arbitrability of any claim or counterclaim, the question of arbitrability is to be determined in arbitration and not by the court.
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Henderson v. U.S. Patent Comm’n, Ltd., No. 1:15-CV-03897 (N.D. Ill. May 27, 2016)05/27/2016
Court grants defendant’s motion to compel plaintiff to proceed to arbitration on an individual basis, finding that the availability of class arbitration is a question of arbitrability presumptively for the court, not the arbitrator, to decide; and that under the FAA where an arbitration agreement is silent as to class arbitration an agreement to permit class arbitration will not be presumed.
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Wills v. Arizon Structures Worldwide, LLC, No. 15-41166 (5th Cir. May 27, 2016)05/27/2016
Appellate court reverses district court’s rejection of petition to compel arbitration, finding that district court erred in concluding that its prior ruling denying appellants’ employer’s petition to compel arbitration was preclusive against appellants. Court held that a “shared interest in compelling arbitration, by itself, does not warrant the conclusion that . . . parties are in privity,” such that a ruling on one party’s petition to compel arbitration binds the other party.
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Applied Underwriters, Inc. v. Top’s Personnel, Inc., No. 8:15-CV-90 (D. Neb. May 26, 2016)05/26/2016
Motion to dismiss or alternatively stay proceedings denied. Court held that following amendment of the complaint, the claims brought by plaintiff stem from an agreement that does not contain an arbitration clause and does not incorporate a valid arbitration agreement.
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Banks v. Cashcall, Inc., No. 6:14-CV-488-Orl-37TBS (M.D. Fl. May 26, 2016)05/26/2016
Motion to compel arbitration granted and action stayed. FAA governs enforcement of the arbitration clause notwithstanding exclusive choice of tribal law and federal law disclaimer in loan agreement and arbitration clause expressly provides for arbitration on questions of arbitrability.
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Savannah Children’s, LLC v. Jarvis Consulting & Inv., Inc., No. 16-MC-203-JAR (D. Kan. May 26, 2016)05/26/2016
Court grants petitioners’ motion to vacate arbitration award, vacates the final award, and remands for arbitration by a new arbitrator because petitioners were denied a fundamentally fair hearing. Court found “sufficient cause” under the FAA to vacate the award where arbitrator refused to postpone a hearing even when petitioners did not receive respondent’s notices of demand for arbitration and the arbitration hearing, and had a medical emergency precluding participation.
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Lewis v. Epic Sys. Corp., No. 15-2997, (7th Cir. May 26, 2016)05/26/2016
Appellate court affirms district court ruling denying defendant’s motion to compel arbitration. Court holds that defendant’s arbitration clause, which precludes employees from collective action as a condition of continued employment, violates §§ 7 and 8 of the National Labor Relations Act (NLRA); the contract containing the collective action waiver provides that if it is unenforceable, then collective claims must proceed in court. Additionally, because the arbitration clause is unlawful under the NLRA, it meets the criteria of the FAA’s saving clause for nonenforcement.
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Geier v. M-Qube Inc., No. 13-36080 (9th Cir. May 26, 2016)05/26/2016
Appellate court reverses district court’s denial of defendants’ motion to compel and remands for further findings on whether defendants are third-party beneficiaries of an arbitration clause. District court must determine whether plaintiff’s spouse assented to terms and conditions containing a clause compelling arbitration for disputes relating to a service agreement between the subscriber and any of the company’s suppliers, and whether a non-party to the case is a supplier to the defendants.
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Mullen-Moore v. REB Enter., Inc., No. 2:16-CV-00935-MMB (E.D. Pa. May 26, 2016)05/26/2016 | Mullen-Moore-REB-Enter-Inc
Motion to compel arbitration granted and proceedings stayed until arbitration is complete. No genuine issue of fact concerning the formation of an arbitration agreement where plaintiff does not contest she signed the agreement or that it calls for arbitration of plaintiff’s claims.
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Leslie v. Heath, No. 2:15-CV-00833-PMW (D. Utah May 26, 2016)05/26/2016
Court denies defendant’s motion to compel arbitration and dismiss or stay the action. Genuine issue of material facts exist for the court to decide regarding whether plaintiff entered into the arbitration agreement by “clicking” on terms of use containing a “buried arbitration provision.”
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Castleton Commodities Shipping Co. PTE. Ltd. v. HSL Shipping & Logistics (NA) Inc., No. 4:16-CV-01472 (S.D. Tex. May 26, 2016)05/26/2016
Court orders pre-judgment garnishment of $12,060,232 to ensure a partial award issued by the London Maritime Arbitration Association (LMAA) ordering defendant to provide money in escrow as security.
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Tribendis v. Life Care Centers of America, Inc., No. 2:14-CV-02765-DMG-PJW (C.D. Cal. May 25, 2016)05/25/2016
Court granted motion to compel arbitration as to the arbitrability of class claims, finding evidence in arbitration agreement that the parties intended to arbitrate the arbitrability of class claims.
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Malanga v. King Inv. Mgmt., Inc., No. 3:15-CV-02463 (D.N.J. May 25, 2016)05/25/2016
Motion to compel arbitration granted and cross-motion for summary judgment denied. The dispute falls within the scope of a valid pre-dispute arbitration agreement, and defendant’s claims that the action is barred by the statute of limitations, or waiver and estoppel, are matters for the arbitrator to decide.
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Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Mgmt. Cooperation, Pension & Welfare Funds v. DiPizio Constr., Inc., No. 2:15-CV-02592-JFB-AYS (E.D.N.Y. May 25, 2016)05/25/2016
Motions to confirm arbitration award and for fees and costs granted. Arbitration award is based upon uncontroverted evidence that defendant failed to pay timely contributions to the petitioner funds. Though neither Labor Management Relations Act nor the FAA authorize an award of attorneys’ fees in actions to confirm arbitration awards, the parties’ agreement requires the payment of such fees and costs incurred to recover untimely contributions.
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Thermal Dynamic Int’l, Inc. v. Safe Haven Enterprises, LLC, No. 1:13-CV-00721-CKK (D.D.C. May 25, 2016)05/25/2016
Motion to confirm arbitration award granted and cross motion to dismiss denied. Defendants failed to file a motion to vacate the award and raise arguments in support of vacatur within three months as required by § 12 of the FAA; even if defendants had timely filed their motion, their arguments that plaintiff committed corruption and fraud are baseless and the request for sanctions is unwarranted.
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The Doe Run Resources Corp. v. Those Certain Underwriters at Lloyd’s London, No. 4:16-CV-585-CDP (E.D. Mo. May 25, 2016)05/25/2016
Having dismissed plaintiff’s claim for lack of subject matter jurisdiction after plaintiff voluntarily moved, unopposed, to dismiss certain defendants, court remands case to state court from which the case was removed by these defendants who averred that plaintiff’s claims are subject to arbitration agreements that fall under the New York Convention.
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Pine Tree Villa, LLC v. Coulter, No. 3:15-CV-00815-CRS (W.D. Ky. May 25, 2016)05/25/2016
Motion to dismiss plaintiff’s petition to compel defendant to arbitrate her state law claims denied. The underlying arbitration agreement is held valid because defendant signed a power of attorney authorizing her daughter to bind defendant to arbitration.
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Colley v. The Scherzinger Corp., No. 1:15-CV-00720-SSB-KLL (S.D. Ohio May 25, 2016)05/25/2016
Motion to dismiss and motion for judgment on the pleadings concerning plaintiff’s claim of fraudulent inducement granted. Court holds that Ohio Arbitration Act employs language identical to the FAA favoring arbitration and the opt-in plaintiff, who signed agreement to arbitrate employment related claims, fails to state a plausible claim for fraudulent inducement.
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JPay Inc. v. Salim, No. 1:16-CV-20107-DLG (S.D. Fla. May 24, 2016)05/24/2016
Court granted defendant’s motion to compel arbitration and stay proceedings. Court found, despite plaintiff’s argument to the contrary, that the agreement clearly delegated questions of arbitrability to the arbitrators, including the question of class arbitration.