2016-2025 Arbitration Decisions

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.

• Impala Platinum Holdings Limited v. A-1 Specialized Services and Supplies Inc., No. 2:13-CV-02930-MMB (E.D. Pa. Apr. 26, 2016) 

  04/26/2016

  Court granted motions to lift previous stay, confirm final LCIA arbitration award, and enter judgment in conformity with award. Court refused to disturb the final award since both parties received the benefit of the bargain struck, including a full and final hearing.

• Odeon Capital Grp. v. Ackerman, No. 1:16-CV-00274-JSR (S.D.N.Y. Apr. 25, 2016)

  04/25/2016

  Court granted defendant’s motion to confirm and denied plaintiffs’ motion to vacate an arbitration award.  Court held that the arbitration award should be confirmed because there was no showing that the tribunal engaged in misconduct or manifestly disregarded the law.

• Vap v. Big Iron, Inc., 4:16-CV-3008 (CRZ Mag.) (D. Neb. Apr. 25, 2016)

  04/25/2016

  Motion to compel arbitration denied by magistrate judge.  Court held that plaintiff’s claims are not subject to arbitration because they are beyond the scope of the arbitration clause.

• Badinelli v. The Tuxedo Club, No. 7:15-CV-06273 (S.D.N.Y. Apr. 25, 2016)

  04/25/2016

  Motion to compel arbitration and stay court action granted.  Since the arbitration agreement lacked a description of the arbitral procedure, the court ordered that the parties to confer and appoint an arbitrator, failing which the court would do so.

• China MediaExpress Holdings, Inc., by Karl P. Barth as Receiver v. Nexus Executive Risks, Ltd., No. 1:15-CV-08429 (S.D.N.Y. Apr. 25, 2016)

  04/25/2016

  Motion to compel arbitration granted and court action stayed pending resolution of the arbitration. The policies at issue were subject to arbitration under the FAA and the Convention on Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).

• National Football League Management Council v. National Football League Players Association, No. 15-2805 (2d Cir. Apr. 25, 2016) 

  04/25/2016

  Judgment of district court reversed and remanded to confirm arbitration award. Court’s review of labor arbitration awards is narrowly circumscribed and highly deferential, and limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act, 29 USC § 141 et seq.

• Marshall v. SCC Nashville Operating Company LLC, No. 3-14-1569 (M.D. Tenn Apr. 25, 2016) 

  04/25/2016

  Motion to vacate or modify, in part, an arbitration award denied and action dismissed. Plaintiff failed to carry the substantial burden of showing that the award should be vacated or modified under §§ 10 or 11 of the FAA.

• Beverly v. Autonation Inc., No. 2:15-CV-00468 (S.D. Tex. Apr. 25, 2016)

  04/25/2016

  Motion to compel arbitration granted and court action stayed pending conclusion of the arbitration.

• Arshad v. Transportation Systems Inc., No. 1:15-CV-02138-NRB (S.D.N.Y. Apr. 25, 2016)

  04/25/2016

  Motion to compel arbitration granted and court action stayed pending conclusion of the arbitration. Arbitration agreement at issue unmistakably delegates the question of arbitrability to the arbitrator through the incorporation of the AAA arbitration rules and other clear text requiring the matter therefore be sent to arbitration.

• Ward v. Dillard's, No. 2:15-CV-02499-JPM-CGC (W.D. Tenn. Apr. 25, 2016)

  04/25/2016

  Motion to dismiss curt action granted. Court held it did not need to stay the case and compel arbitration since all of the plaintiff's claims could only be properly brought in arbitration.

• Zetor North America Inc. v Rozeboom, No. 3:15-CV-03035-TLB (W.D. Ark. Apr. 22, 2016)

  04/22/2016

  Motions to compel arbitration denied as court held that the arbitration agreement is inapplicable to the claims made in the instant dispute.

• International Brotherhood of Electrical Workers, Local 1357 v. Hawaiian Telecom Inc., No. 1:15-CV-00221-SOM-KJM (D. Haw. Apr. 22, 2016)

  04/22/2016

  Motion for summary judgment that labor dispute must be arbitrated pursuant to an expired collective bargaining agreement denied; factors allowing arbitration clause to survive an expired agreement were not present.

• Lower Colorado River Authority v. Papalote Creek II LLC, No. 115-CV-00656 (W.D. Tex. Apr. 22, 2016)

  04/22/2016

  Motion to stay arbitration pending appeal denied. Defendant did not show it was likely to succeed on the merits, ripeness is an issue for the arbitrator and a stay would only delay the resolution of that ripeness question.
   

  See also Lower Colorado River Authority v. Papalote Creek II, LLC, No. A-15-CA-656-SS (W.D. Tex. Feb. 24, 2016)

  Motion to compel arbitration granted; the parties agreed to arbitrate the dispute in question and there are no legal constraints external to the parties that foreclose arbitrating the dispute.

• Monfared v. St. Luke's University Health Network, No. 5:15-CV-04017 (E.D. Pa. Apr. 22, 2016)

  04/22/2016

  Motion to compel arbitration granted. Court held that the claims at issue were arbitrable, but portions of the agreement that ban punitive and exemplary damages and attorney’s fees are inconsistent with Title VII of the Civil Rights Act of 1964 and 42 USC § 1981 and must be severed from the agreement, with the result that the arbitrator is allowed to award such damages.

• Johnson v. The FV Kilauea in rem, No. 115-CV-00065 LEK-KJM (D. Haw. Apr. 22, 2016) 

  04/22/2016

  Motion to compel arbitration denied and previous stay lifted. Under Hawai'i law there must be bilateral consideration for an arbitration agreement and it must be in writing; one or both of these elements were not present with respect to each of the plaintiffs.

• Herndon v. Green Tree Servicing LLC, No. 4:15-CV-01202 (M.D. Pa. Apr. 22, 2016) 

  04/22/2016

  Motion to compel arbitration and stay proceedings granted; an assignee of a mortgage debt can enforce the arbitration agreement with the same rights as the assignor.

• Foster v. Aaron’s Incorporated, No. 2:15-CV-01637-SRB (D. Ariz. Apr. 21, 2016)

  04/21/2016

  Court denied defendant’s motion to compel arbitration finding that, even if there was an arbitration agreement between the parties, the agreement did not encompass the plaintiff’s claims against the defendant under the Telephone Consumer Protection Act. 

• Choice Hotels International Inc. v Capital Hotel Inc., 8:16-CV-00152-DKC (D. Md. Apr. 21, 2016) 

  04/21/2016

  Application to confirm a arbitration award granted. 

• Eastern Ohio Regional Wastewater Authority v. Utility Workers Union of America AFL-CIO Local Union 436-A, No. 2:15-CV-3027 (S.D. Ohio Apr. 21, 2016) 

  04/21/2016

  Motion to dismiss granted; FAA does not provide independent grounds for court's subject matter jurisdiction.

• Collado v. J G Transport Inc., No. 15-14635 (11th Cir. Apr. 21, 2016)

  04/21/2016

  Order of district court denying motion to compel arbitration vacated and remanded; waiver of right to arbitrate federal claim through litigation does not extend to defendant-appellant’s subsequently asserted state claim that remains subject to the arbitration agreement.

• Drill Cutting Disposal Co. LLC v. Lynn, No. 6:15-02532 (W.D. La. Apr. 20, 2016)

  04/20/2016

  Motion to transfer venue granted. Plaintiff must bring action to vacate arbitration award in the same court that previously dismissed the action in favor of arbitration; under the FAA, the court that dismissed the action retains jurisdiction over confirmation and vacatur proceedings.

• United Food Commercial Workers Int'l Union Local No. 7 v. King Soopers, No. 13–CV–02335–RM-KMT (D. Colo. Apr. 20, 2016)

  04/20/2016

  Motion to compel arbitration granted. The court held that the parties' dispute is subject to arbitration and therefore the arbitrator should resolve the dispute in the first instance.

• Bald v. PCPA, LLC, No. 15-CV-219-SM (D.N.H. Apr. 19, 2016)

  04/19/2016

  Summary judgment granted. Sole member of an LLC was not personally bound to an arbitration agreement since under New Hampshire law an authorized member of an LLC is presumed to be executing agreements on the company’s behalf.

• Inficon, Inc. v. Verionix, Inc., No. 1:15-CV-08044-RWS (S.D.N.Y. Apr. 19, 2016)

  04/19/2016

  Motion to vacate arbitral award denied and cross-motion to confirm arbitral award granted; arbitrators did not manifestly disregard the law in calculating damages or deny a party fundamental fairness.

• K&M Installation Inc. v. United Brotherhood of Carpenters, Local 405, No. 3:15-CV-05265-MEJ (N.D. Cal. Apr. 18, 2016)

  04/18/2016

  Motion to confirm arbitration award granted. Arbitrator did not dispense his own brand of industrial justice or exceed his scope of authority, and the award does not violate public policy.

• Shepperd v. DIRECTV Global Holdings LLC, No. 8:15-CIV-2886-T-EAK-AEP (M.D. Fla. Apr. 18, 2016)

  04/18/2016

  Motion to compel arbitration granted and action stayed pending completion of the arbitration.

• Gunter v. Sprintcom, Inc., No. 6:16-CV-28-Orl-31TBS (M.D. Fla. Apr. 15, 2016)

  04/15/2016

  Motion to compel arbitration granted. Court held that a written agreement and arbitral issue existed, and the right to arbitration was not waived.

• Laborers’ Pension Fund and James Jorgensen v. W.R. Weis Co., Inc., No. 1:15-CV-07867 (N.D. Ill., Apr. 15, 2016)

  04/15/2016

  Arbitration award confirmed by court as award was not clearly erroneous.

• Silgan Containers Corp v. Sheet Metal Workers Int., No. 15-1956 (8th Cir. Apr. 15, 2016) 

  04/15/2016

  Judgment affirmed in part and reversed in part. Court affirmed district court's decision to vacate the award because the arbitrator lacked authority to decide the validity and formation of the contract, but district court erred in granting summary judgment to plaintiff-appellee.

• Golden Horn Shipping Co. Ltd. v. Volnas Shipping Company Limited, No. 114-CV-02168 (S.D.N.Y. Apr. 15, 2016)

  04/15/2016

  Original writ of attachment and garnishment modified and reduced to reflect amount of damages awarded by LCIA arbitral tribunal.

• AMA Multimedia LLC v. Borjan Solutions SL, No. 2:15-CV-1673 JCM (GWF) (D. Nev. Apr. 15, 2016) 

  04/15/2016

  Motions to compel arbitration and stay action granted following parties’ submission agreement to arbitrate dispute. Court further orders that Honorable Philip M. Pro be selected to arbitrate the matter. 

• Shapiro v. The L.S. Starrett Company, No. 2:15-CV-00384-RGD-RJK (E.D. Va. Apr. 14, 2016)

  04/14/2016

  Court granted motion to compel arbitration upon determining that the parties’ licensing agreement governed the dispute.

• Al Azzawi v. Kellogg Brown and Root, No. 2:15-CV-1468 GEB AC (PS) (E.D. Cal. Apr. 14, 2016)

  04/14/2016

  Motion to dismiss action granted. Plaintiff, as alleged “owner and corporate officer” of a company, did not have standing to sue based on misconduct which allegedly took place in an arbitration between the defendant and the company.

• Language Connect International Ltd. v. Iverse Media, No. 15-CV-00236-XR (W.D. Tex. Apr. 14, 2016)

  04/14/2016

  Motion to compel documents from defendant's arbitration with third-party granted subject to in camera review by the court to inspect for relevancy.

• American Family Mutual Insurance Company v. TAMKO Building Products, Inc., No. 15-CV-02343-REB-NYW (D. Colo. Apr. 13, 2016)

  04/13/2016

  Motion to compel arbitration and dismiss the action granted. A valid arbitration agreement existed and the dispute fell within the scope of that agreement. Acceptance of terms of a limited warranty that contained the arbitration agreement was not unconscionable under Colorado law.

• Tiffany v. KO Huts Inc., No. 5:15-CV-01190-HE (W.D. Okla. Apr. 13, 2016) 

  04/13/2016

  Motion to strike claim denied and motion for preliminary injunction granted to enjoin parties from further pursuing arbitration until the court decides the gateway arbitrability issues or otherwise modifies the injunction.

• Probulk Carriers Limited v. Marvel International and Transportation, No. 114-CV-08338 (S.D.N.Y. Apr. 13, 2016)

  04/13/2016

  Subpoenas served on Turkish Citizen in an attempt to obtain evidence for the enforcement of a previously confirmed arbitration award modified to account for FRCP Rule 45(c) requirement that the subpoena may command a person to attend a deposition or to produce documents no more than 100 miles from where that person "resides, is employed, or regularly transacts business in person."

• Law Offices of Daniel C. Flint v. Bank of America NA, No. 2:15-CV-13006 (E.D. Mich. Apr. 13, 2016) 

  04/13/2016

  Motion to compel arbitration granted and action stayed pending completion of the arbitration. Court held that delegation provision in the arbitration agreement was valid and enforceable and issues of arbitrability are for the arbitrator; court rejected plaintiff's argument that waiver of class action arbitration made the agreement unconscionable.

• Craddock v. LeClairRyan, P.C., No. 3:16-CV-11 (E.D. Va. Apr. 12, 2016)

  04/12/2016

  Motion to compel arbitration and dismiss the action granted. Plaintiff was bound to the arbitration agreement despite not signing it because, inter alia, plaintiff’s conduct demonstrated acceptance. A written but unsigned contract, otherwise accepted, is sufficient to invoke the FAA.

• Conde v. 2020 Companies LLC, No. 15-CV-04080-KAW (N.D. Cal. Apr. 12, 2016)

  04/12/2016

  Motions to compel arbitration and stay action granted.  In following the ninth circuit, court held that "any dispute arising from" language in the arbitration agreement should be construed narrowly and the forum selection clause was therefore inapplicable to the claims at issue.

• Barrasso v. Macy's Retail Holdings LLC, No. 1:15-CV-13098-ADB (D. Mass. Apr. 12, 2016)

  04/12/2016

  Motion to compel arbitration granted and action stayed pending completion of the arbitration. Arbitration agreement clearly communicated that employment claims were subject to arbitration and was not void on grounds of unconscionability.

• Kenneth Lefoldt, Jr. v. Donald Rentfro, No. 5:15-CV-96-KS-MTP (S.D. Miss. Apr. 11, 2016)

  04/11/2016

  Motion to stay action pending arbitration denied since parties did not agree to arbitrate.

• John Hancock Life Insurance Company (USA) v. Leisher, No. 115-CV-13539 (D. Mass. Apr. 11, 2016)

  04/11/2016

  Motion to stay and compel arbitration or dismiss the complaint denied. Parties' settlement agreement was enforceable and summary judgment therefore appropriate.

• Ortiz v. Spark Energy LLC, No. 15-CV-02326-JSW (N.D. Cal. Apr. 11, 2016)

  04/11/2016

  Motion to compel arbitration and dismiss claim denied. Pursuant to 9 USC § 4, where issue of whether arbitration agreement was made remained in dispute the court is to proceed summarily to a trial on that question.

• Cwick v. First Stop Health LLC, No. 115-CV-06238 (N.D. Ill. Apr. 10, 2016)

  04/10/2016

  Motion to compel arbitration granted and action stayed pending conclusion of arbitration.  Following parties' agreement to a bench trial pursuant to 9 USC § 4, court determined that claims asserted were properly within the scope of the arbitration agreement.

• Chan v. Chinese-Am. Planning Council Home Attendant Program, Inc., No. 1:15-CV-9605 (KBF) (S.D.N.Y. Apr. 8, 2016)

  04/08/2016

  Motion to compel arbitration granted. Court holds that there is a valid mandatory arbitration clause in a collective bargaining arbitration agreement and that the dispute falls within the scope of that agreement; court rejects plaintiff’s and putative class members’ claims that the agreement does not apply retroactively to claims that accrued prior to the agreement, when there is no clear language placing a time limit on arbitrability, and that arbitration is cost prohibitive, when the agreement provides that fees between them (all union members) and the defendant are shared equally.

• Jefferson Mullins and William Hines v. US Bancorp Investments Inc., No. 1:15-CV-00126-GNS (W.D. Ky. Apr. 8, 2016)

  04/08/2016

  Motion to compel arbitration granted; parties agreed to arbitrate and their agreement superseded FINRA’s arbitration rules.

• Suntrust Investment Services Inc. v. Dull, No. 3:15-CV-00531-MOC-DCK (W.D.N.C. Apr. 8, 2016) 

  04/08/2016

  Motion to confirm arbitration award granted. Award was stipulated between the parties and uncontested. 

• Capstone Associated Services Ltd v. Organizational Strategies Inc., No. 4:15-CV-03233 (S.D. Tex. Apr. 8, 2016)

  04/08/2016

  Motion to compel arbitration denied because sole arbitrator selected by agreement of the parties refused to serve as arbitrator. Separate motion to compel arbitration pursuant to different arbitration agreement granted and sole arbitrator selected shall decide which claims, if any, are subject to arbitration. 

• Money Mailer LLC v. Wade Brewer, No. C15-1215RSL (W.D. Wash. Apr. 8, 2016)

  04/08/2016

  Motions to compel arbitration and for summary judgment denied. Court held that it was obligated to determine whether a potential waiver of a right to arbitrate had occurred through litigation conduct.