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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Pinnacle Foods Group, LLC v. United Dairy and Bakery Workers Local 87, No. 2:15-CV-12413 (E.D. Mich. May 12, 2016)05/12/2016
Motion to vacate arbitrator’s award denied and motion for summary judgment enforcing award granted. Since the arbitrator was arguably construing the contract, and in light of the highly deferential standard under which it reviews the award, the court refused to substitute its judgment for that of the arbitrator.
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ICC Chemical Corp. v. Nordic Tankers Trading A/S, No. 1:15-CV-09766-KPF (S.D.N.Y. May 12, 2016)05/12/2016
Motion to vacate arbitration award denied, cross-motion to confirm granted. Court held that the arbitral tribunal did not objectively disregard clearly applicable law and therefore petitioner was not entitled to vacating the arbitration award based on manifest disregard of the law.
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Consolidated Precision Products Corp. v. General Electric Co., No. 1:15-CV-8721-PKC (S.D.N.Y. May 12, 2016)05/12/2016
Motion to dismiss for lack of subject matter jurisdiction denied, but motion to stay action pending completion of the arbitration granted. While independent grounds for the court’s subject matter jurisdiction existed, a valid arbitration agreement controlled the dispute, including the challenge to arbitrability.
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Lainer v. Uber Technologies, Inc., No. 2:15-CV-09925-BRO-MRW (C.D. Cal. May 11, 2016)05/11/2016
Court granted motion to compel arbitration and stayed litigation, finding that a party’s acceptance of the arbitration agreement in the Terms of Service for Uber’s ride sharing application required her to arbitrate claims arising out of unsolicited text messages recruiting her to be an Uber driver.
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Boule v. Credit One Bank, No. 15-CV-8562 (RJS) (S.D.N.Y. May 11, 2016)05/11/2016
Motion to compel arbitration and dismiss action granted. Court finds that plaintiff received and consented to a cardholder agreement, including its arbitration provision, and the dispute over claims under the Telephone Consumer Protection Act fall within the scope of the agreement; plaintiff’s objection to contract as a whole, and not the arbitration clause in particular, is a matter for the arbitrator to decide.
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Transatlantic Lines LLC v. Amergent Techs, LLC, No. 3:15-cv-01681-AWT (D. Conn. May 11, 2016)05/11/2016
Court grants defendant’s motion to dismiss plaintiff’s petition to compel arbitration in the District of Connecticut. Since the parties’ arbitration agreement did not specify a venue for the arbitration, the court held that defendant’s commencement of arbitration in California did not constitute its refusal to arbitrate.
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Sheridan Healthcare of Louisiana, Inc. v. Progressive Acute Care, LLC, No. 6:15-CV-02509-RGJ-CBW (W.D. La. May 11, 2016)05/11/2016
Motion to confirm arbitration award granted. Court found no basis for vacating or modifying the award.
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Stati v. Republic of Kazakhstan, No. 14-1638 (ABJ) (D.D.C. May 11, 2016)05/11/2016
Motion for leave to submit additional grounds in support of opposition to confirm an arbitration award denied. Court held respondent’s proposed submissions on evidence of alleged fraud were not relied upon by the Tribunal in making its decision and therefore would not be germane to the petition to confirm the award.
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Azod v. Robinson, No. 2:16-CV-00440-JFW-E (C.D. Cal. May 10, 2016)05/10/2016
Court granted motion to compel arbitration, holding the arbitration agreement was binding and enforceable and that claims asserted were within the agreement’s scope.
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Dismuke v. McClinton Energy Group, L.L.C., No. 7:16-CV-00023-RAJ (W.D. Tex. May 10, 2016)05/10/2016
Court granted defendants’ motion to compel arbitration and denied plaintiff’s motion for conditional certification. Court held that, under Texas law, plaintiff could not evade the valid arbitration agreement through artful pleading, which plaintiff attempted to do by amending its complaint to remove parties to the arbitration agreement as defendants and to instead name their agent in his individual capacity.
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Suazo v. NCL (Bahamas), Ltd., No. 14-15351 (11th Cir. May 10, 2016)05/10/2016
District court’s order compelling the parties to arbitrate affirmed and defendant’s motion for sanctions denied. Defendant failed to establish an effective vindication defense showing it likely that unaffordable costs will deny him access to the arbitral forum.
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Messina v. North Central Distributing, No. 15-2323 (8th Cir. May 10, 2016)05/10/2016
District court’s order denying motion to compel arbitration affirmed. Defendant-appellant waived right to arbitration because it knew of its right to arbitrate, acted inconsistently with that right, and prejudiced the plaintiff-appellee by its failure to even mention arbitration despite multiple opportunities to do so over eight months of litigation.
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Claridge Associates LLC v. Schepis, No. 1:15-CV-04514-KPF (S.D.N.Y. May 10, 2016)05/10/2016
Motion to compel arbitration granted to decide the arbitrability of defendants’ res judicata defense, and court action stayed pending resolution of the arbitration proceedings. The parties’ broad sweeping agreement to arbitrate all claims that “arise out of” or “relate to” their contract, coupled with express incorporation of the AAA arbitration rules, places the res judicata issue in dispute properly before the arbitrator.
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Leblanc v. Texas Brine Company LLC, No. 2:12-cv-02059-JCZ-MBN (E.D. La. May 10, 2016)05/10/2016
Motions to stay claims pending arbitration granted. In the fifth circuit the incorporation of the AAA arbitration rules is sufficient to manifest a clear and mistakable agreement to delegate issues of arbitrability to an arbitrator; and while only available in rare circumstances, a non-signatory can invoke equitable estoppel to rely on an arbitration clause where a signatory asserts claims arising from the underlying contract.
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Dry Ground Specialists, Inc. v. Newfield Exploration Company, No. 1:16-CV-00027-DLH-CSM (D.N.D. May 9, 2016)
05/09/2016Court granted motion to compel arbitration, rejecting argument that the arbitration agreement was procedurally unconscionable because of the parties’ unequal bargaining powers or substantively unconscionable because of a clause requiring that the tribunal chair be elected by the party-appointed arbitrators from among the members of an industry group. Court also rejected the petitioner’s quantum meruit claim because equitable remedies are not available for disputes governed by a valid contract.
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Rowan v. Brookdale Senior Living Communities, Inc., No. 15-1793 (6th Cir. May 9, 2016)05/09/2016
Motion to compel arbitration affirmed, where court held that arbitration clause was not void since appellant had mental capacity to contract at the time he signed the agreement. The arbitration agreement therefore did not violate public policy by waiving jury-trial rights or limiting liability for gross negligence, and was not unenforceable due to lack of mutual assent, lack of consideration, or for the costs of the arbitration.
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Butler v. New Horizons Great Lakes Holding Corporation, No. 2:15-CV-01304-RAJ (W.D. Wash. May 9, 2016)05/09/2016
Motion to stay proceedings in favor of arbitration granted. The arbitration agreement at issue was valid and enforceable, and all claims asserted by plaintiff must be decided in arbitration. Further, incorporation of the AAA arbitration rules demonstrates the parties’ intent to delegate issues of arbitrability to an arbitrator.
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Rowan v. Brookdale Senior Living, No. 15-1793 (6th Cir. May 9, 2016)05/09/2016
District court’s order granting motion to compel arbitration and dismiss court action affirmed.
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Larson v. Ameriprise Financial Services Inc., No. 4:16-CV-03025-JMG-CRZ (D. Neb. May 9, 2016)05/09/2016
Motion to compel arbitration granted and court action stayed pending arbitration. Nonsignatory who wishes to obtain the benefits of contract must accept the contract’s terms as a whole and cannot avoid application of certain provisions, including the arbitration agreement.
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Linglong Americas, Inc. v. Horizon Tire, Inc., No 1:15-CV-01240-DCN (N.D. Ohio May 6, 2016)05/06/2016
Motion to dismiss or stay pending arbitration denied. Plaintiff cannot seek to enforce provisions of a contract, including the arbitration agreement, which all parties agree is no longer enforceable and where plaintiff has proceeded in a manner wholly inconsistent with arbitration and prejudices the defendants.
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Wawock v. CSI Elec. Contractors, Inc., No. 14-56810 (9th Cir. May 5, 2016)05/05/2016
Circuit court held that arbitration clause in collective bargaining agreement (CBA) did not clearly and explicitly waive employee’s right to a judicial forum for his claims. Court found that disputes concerning the meaning of a federal statute are not entitled to a presumption of arbitrability and any CBA requirement to arbitrate them must be particularly clear; because the CBA here did not explicitly require arbitration under these circumstances, it did not waive employee’s right to a judicial forum.
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James Howden & Co. Ltd. v. Bossart LLC, No. 2:15-CV-01977 (W.D. Wash. May 5, 2016)05/05/2016
Motion for entry of judgment on a monetary foreign arbitration award pursuant to FRCP Rule 58 granted. Court refused requests from both parties to convert the currency of the award since federal law allows for judgment in foreign currency and federal policy weighs strongly against modification of arbitral awards.
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Sexton v. Karam, No. 15-2599 (2d Cir. May 5, 2016)05/05/2016
District court’s judgment and order confirming an arbitral award affirmed. Evidence did not sufficiently evince corruption by the arbitrators to warrant vacating the award.
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Merkin v. Vonage America, Inc., No. 14-55397 (9th Cir. May 4, 2016)05/04/2016
District Court’s denial of motion to compel arbitration reversed and remanded with instructions to grant motion. Court held that, even assuming the provision of the agreement that exempted certain categories of claims from arbitration was substantively unconscionable, where only one provision of the agreement is found to be unconscionable and that provision can easily be severed without affecting the remainder of the agreement, the court should do so. The district court erred in not severing this provision.
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Suarez v. Uber Technologies, Inc., No. 8:16-CV-00166 (M.D. Fla. May 4, 2016)05/04/2016
Motion to compel arbitration and strike class and collective allegations granted, and court action dismissed without prejudice. The parties clearly and unmistakably intended to arbitrate questions of arbitrability, and under Florida law the arbitration agreement at issue is not unconscionable.
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Home Buyers Warranty Corporation v. Jones, No. 1:15-MC-00324-RGA (D. Del. May 4, 2016)05/04/2016
Motion to compel arbitration granted and court action stayed pending arbitration. Court held that the agreement to arbitrate all claims, including arbitrability, valid and enforceable, and respondents are bound by their agreement to arbitrate.
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Preferred Care of Delaware, Inc. v. Konicov, No. 5:15-CV-88-KKC-EBA (E.D. Ky. May 4, 2016)05/04/2016
Motion to compel arbitration and enjoin state proceedings granted. Court held that the arbitration agreement provides clear delegation of authority to the arbitrator and that the issues in dispute fall within the arbitration agreement. Further, disputes within the ambit of an arbitration agreement do not carry a right to trial by jury because no “suit” within the meaning of the Seventh Amendment arises.
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SGC Health Group Inc. v. eClinicalWorks LLC, No. 3:15-CV-04022-M (N.D. Tex. May 4, 2016)05/04/2016
Motion to compel arbitration and dismiss court action granted. A valid agreement to arbitrate exists and the dispute in question falls within the scope of that agreement. The court also held that where the only possible role it would have is to review the arbitration award the case should be dismissed with prejudice rather than stayed.
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Nguy v. Cinch Bakery Equipment, LLC, No. 2:13-CV-02283-TLN-KJN (E.D. Cal. May 4, 2016)05/04/2016
Motion to confirm arbitration award and dismiss plaintiff’s claim granted. Plaintiff’s petition to vacate the arbitration award was filed nearly four months after the arbitrator issued the award and was untimely and barred by the statute of limitations.
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Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 15-7158 (D.C. Cir. May 4, 2016)05/04/2016
Motion to stay a district court judgment pending appeal denied. Appellant failed to satisfy the stringent requirements for a stay pending appeal without posting a supersedeas bond.
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Advantage Sales & Marketing LLC v. USG Companies Inc., No. 1:15-CV-01225-RGA (D. Del. May 4, 2016)05/04/2016
Motion to compel arbitration and dismiss complaint granted. In reaching its decision, the court was guided by cases decided under Delaware law where the FAA applied.
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Boardman v. Pacific Seafood Group, CV-15-0108-MC (9th Cir. May 3, 2016)05/03/2016
District Court’s denial of motion to compel arbitration affirmed. Court held that plaintiffs’ claims were not within the scope of the purported arbitration provision in the parties’ agreement.
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Varon v. Uber Technologies Inc., No. 1:15-CV-03650 (D. Md. May 3, 2016)05/03/2016
Motion to compel individual arbitration, dismiss court action, and strike class allegations granted. Court held the arbitration agreement was not unconscionable and provides clear and unmistakable delegation of authority to the arbitrator.
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InfoSpan Inc. v. Emirates NBD Bank PJSC, No. 8:14-CV-01679 (C.D. Cal. May 3, 2016)05/03/2016
Motion for award of attorney’s fees and costs denied. Court held that a successful motion to compel arbitration is temporary procedural victory rather than an event conferring prevailing party status.
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Loney v. USAA Fed. Savings Bank, No. 1:15-CV-00292-CCE-JLW (M.D.N.C. May 2, 2016)05/02/2016
Magistrate judge recommended granting defendant’s motion to confirm arbitral award on the basis that the arbitral award had not been corrected, vacated, or modified and no valid motion to vacate the award was filed within the time allowed under 9 U.S.C. § 9.
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Doty v. Dolgencorp, Inc., No. 4:15-CV-01931-RWS (W.D. Mo. May 2, 2016)05/02/2016
Motion to compel arbitration granted and action stayed pending the outcome of the arbitration. By incorporating the AAA arbitration rules in the arbitration agreement, the parties clearly and unmistakably agreed to allow the arbitrator to determine threshold questions of arbitrability, including challenges to the validity of the agreement.
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Leong v. The Goldman Sachs Group Inc., No. 1:13-CV-08655 (S.D.N.Y. May 2, 2016)05/02/2016
Request for injunctive relief granted to enjoin plaintiff from proceeding with Commodity Futures Trading Commission reparations claim against defendant. Parties directed to submit any dispute arising out of their agreement to the LCIA, consistent with the court’s order of two years earlier compelling arbitration between the same two parties.
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Oberweis Securities, Inc. v. Investors Insurance Corp., No. 1:16-CV-04228-EEB (N.D. Ill. Apr. 29, 2016)04/29/2016
Court dismissed plaintiff’s complaint filed for the sole purpose of seeking discovery under § 7 of the FAA to compel the production of documents in response to third-party subpoenas issued by an arbitral panel to nonparties in a FINRA arbitration. Court held that the FAA does not itself provide federal jurisdiction and absent an independent jurisdictional basis to hear the dispute, the court must dismiss.
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Oberweis Securities, Inc. v. Inv’rs Ins. Corp., No. 1:16-CV-04228-EEB (N.D. Ill. Apr. 29, 2016)04/29/2016
Court dismissed plaintiff’s complaint filed for the sole purpose of seeking discovery relief under § 7 of the FAA to compel the production of documents in response to third-party subpoenas issued by an arbitral panel to nonparties in a FINRA arbitration. Court held that the FAA does not itself provide federal jurisdiction and absent an independent jurisdictional basis to hear the dispute, the court must dismiss.
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Cooks v. Hertz Corp., No. 3:15-CV-0652-NJR-PMF (S.D. Ill. Apr. 29, 2016)04/29/2016
Motion to compel arbitration and dismisses related claims granted. Arbitration clause was not unconscionable and expressly provided for the arbitrator to determine matters of arbitrability.
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Schatz v. Cellco Partnership, No. 1:10-CV-05414-JMF (S.D.N.Y. Apr. 28, 2016)04/28/2016
Motion to vacate award denied and cross-motion to confirm award granted. Arbitrator fully and finally resolved petitioners’ claim for attorney’s fees and costs; consequently, no basis to vacate the award pursuant to 9 USC § 10(a)(4).
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Sophinos v. Quadriga Worldwide Ltd., No. 2:16-CV-01273-MWF-MRW (C.D. Cal. Apr. 27, 2016)04/27/2016
Court granted motion to compel arbitration, finding that a valid arbitration agreement governed the dispute. Court rejected arguments that the arbitration agreement was either procedurally or substantively unconscionable.
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In Re The Application of TJAC Waterloo, LLC., No. 3:16-MC-00009-CAN (N.D. Ind. April 27, 2016)04/27/2016
Court held it did not have jurisdiction under 28 USC § 1782 to order discovery in the foreign proceeding at issue because the “English Expert Determination” is a private arbitral body. Even if the court had jurisdiction, the discovery request was untimely and seeks information beyond the appropriate scope of discovery.
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Schafer v. Multiband Corp., No. 1:12-CV-13152-TLL-CEB (E.D. Mich. Apr. 27, 2016)04/27/2016
Motion to vacate arbitration award granted in part. Matter remanded to arbitrator pursuant to 9 USC § 10(b) to determine plaintiffs’ fraudulent inducement and promissory estoppel claims in the first instance.
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Roberts v. AT&T Mobility LLC, No. 3:15-CV-03418-EMC (N.D. Cal. Apr. 27, 2016)04/27/2016
Amended order granting motion to compel arbitration granted and court proceedings stayed pending resolution of arbitration. Court held that there was no state action in the instant case and plaintiffs’ lack a viable First Amendment challenge to the arbitration agreements.
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Thomas v. Comcast Holdings Corporation, No. 2:14-CV-02428-TLN-AC (E.D. Cal. Apr. 27, 2016)04/27/2016
Unopposed motion to compel arbitration granted and court proceedings stayed pending resolution of arbitration.
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Villegas v. US Bank NA, No. 14-15727 (9th Cir. April 26, 2016)04/26/2016
District court’s denial of requests for vacatur of an arbitration award affirmed. Court held that the arbitrator’s dismissal of plaintiff’s claim for a “public injunction” did not allow the district court to consider such claim on the merits as though it had never been referred to arbitration and plaintiff had otherwise waived all other arguments for vacatur.
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Immersion Corp. v. Sony Computer Entertainment America LLC, No. 16-CV-00857-RMW (N.D. Cal. Apr. 26, 2016)04/26/2016
Petition to confirm an arbitration award under the New York Convention granted and motion to vacate the award denied. In considering the defendant’s arguments for vacating the award under both the New York Convention and the domestic standards for review under the FAA, the court held that public policy did not militate against enforcement of the arbitration award.
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Research and Development Center "Teploenergetika" LLC v. EP International LLC, No. 2:15-CV-362 (E.D. Va. Apr. 26, 2016)04/26/2016
Petition for confirmation of three arbitral awards issued by the International Commercial Arbitration Court at The Chamber of Commerce and Industry of the Russian Federation (ICAC) granted. Respondents were unable to demonstrate that they were unable to present their case at the arbitration or that enforcement or recognition of the arbitral awards would be contrary to the public policy of the US.
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Doe v. The New Ritz, No. 1:14-CV-02367-RDB (D. Md. Apr. 26, 2016)04/26/2016
Motion to compel arbitration and dismiss litigation granted as all of plaintiff’s claims are governed by the applicable arbitration agreement.