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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Galloway v. Santander Consumer USA Inc., No. 15-1392 (4th Cir. Apr. 8, 2016)04/08/2016
Court affirmed district court's decision to enforce the parties' arbitration agreement and order to dismiss plaintiff's action against defendant.
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Kwest Communications, Inc. v. United Cellular Wireless Inc., No. 1:16-CV-20242-JJO (S.D. Fla. Apr. 7, 2016)04/07/2016
Magistrate judge recommended that defendants’ motion to compel arbitration be granted, finding that valid agreements to arbitrate existed, that a non-signatory may be bound by an arbitration provision as a matter of Florida law, that plaintiff was estopped to deny it is bound by the arbitration provisions contained in the underlying agreements, that the arbitration clause covers plaintiff’s claims, and that one defendant that filed and then quickly sought dismissal of a Texas state court action did not waive its right to arbitrate.
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Ali v. J.P. Morgan Chase Bank, No. 14-15076 (9th Cir. Apr. 7, 2016)04/07/2016
Circuit court affirmed in part, and denied in part, district court’s order denying motion to compel arbitration, and remanded with instruction to compel arbitration. Court held that district court correctly concluded that binding arbitration agreement signed by former employee was adhesive and therefore procedurally unconscionable. However, since arbitration agreement was not substantively unconscionable, under California law, the district court erred in failing to enforce it.
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Ali v. JP Morgan Chase Bank, N.A., No. 3:13-CV-01184-JSW (9th Cir. Apr. 7, 2016)04/07/2016
District court’s order denying motion to compel arbitration affirmed in part, reversed in part, and remanded with instructions to compel arbitration. The court held that the arbitration agreement is not substantively unconscionable and the district court erred in failing to enforce it.
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Sena v. Uber Technologies Incorporated, No. CV-15-02418-PHX-DLR (D. Ariz. Apr. 7, 2016)04/07/2016
Motion to compel arbitration granted. Courts apply a presumption of arbitrability when a contract contains an arbitration clause, and plaintiff failed to bear its burden of establishing that the agreement is inapplicable.
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The University of Notre Dame (USA) in England v. TJAC Waterloo LLC, No. 6-CV-10150-ADB (D. Mass. Apr. 7, 2016)04/07/2016
Court grants motions to confirm partial award on liability pursuant to 9 U.S.C. § 207 and attachment of defendants' property under FRCP Rule 64 and Massachusetts law.
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In re Application of the Government of the Lao People's Democratic Republic, No. 1:15-MC-00018 (D.N. Mar. Is. Apr. 7, 2016)04/07/2016
Application for discovery pursuant to 28 USC § 1782 and the United Nations Convention on Corruption denied. As a private arbitral body SIAC does not constitute a "foreign or international tribunal" for the purposes of a discovery application pursuant to 28 USC § 1782 and the potential criminal investigation is not within reasonable contemplation, therefore failing the requirement that the discovery requested would be "for use in a proceeding."
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Southern Design Mechanical Inc. v. Flowserve US Inc., No. 1:16-CV-01003 (W.D. Ark. Apr. 7, 2016)04/07/2016
Motions to compel arbitration and dismiss claims granted in part and denied in part; parties directed to proceed to arbitration and action stayed pending outcome of the arbitration.
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Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor Management Cooperation, Pension and Welfare Funds v. Clover Construction of NY, No. 2:15-CV-05689-ADS-AYS (E.D.N.Y. Apr. 6, 2016)03/28/2016
Magistrate judge recommended and court later adopted the confirmation of an arbitration award issued in a labor dispute against respondent. Magistrate judge noted that in this case, the arbitrator had issued an award that drew its essence from the collective bargaining agreement and there was no indication that the award was arbitrary, exceeded the arbitrator’s authority, or was otherwise contrary to law. Magistrate judge also recommended that petitioners be granted attorneys’ fees and costs.
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Tr. of Empire State Carpenters Annuity, Apprenticeship, Labour-Management Cooperation, Pension and Welfare Funds v. Akwesasne Const., Inc., No. 0:15-CV-06449-ADS-AYS (E.D.N.Y. Apr. 6, 2016)03/28/2016
Court issued a report and recommendation stating that petitioner’s motion to confirm an arbitration award should be granted. Court held that the award should be confirmed because there was no indication that the award was made arbitrarily, that it exceeded the arbitrator’s authority, or was otherwise contrary to law.
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Pershing LLC v. Kiebach, No. 15-30396 (5th Cir. Apr. 6, 2016)04/06/2016
The amount in controversy for establishing diversity jurisdiction over a petition to confirm an arbitration award is the amount previously sought in the arbitration proceeding, e.g. the "demand approach," and not the amount ultimately awarded by the arbitrator.
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Levi Strauss Co. v. Aqua Dynamics Systems Inc., No. 315-CV-04718-WHO (N.D. Cal. Apr. 6, 2016)04/06/2016
Motions to dismiss or stay the case pending arbitration and to dismiss for subject matter jurisdiction denied. Arbitration agreement’s incorporation of JAMS arbitration rules did not establish clear and unmistakable delegation of arbitrability question to arbitrator, leaving court to decide gateway issue of nonsignatory standing. However, non-gateway issue of waiver delegated to arbitrator.
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Hall v. Pacific Sunwear Stores Corporation, No. 115-CV-14220 (E.D. Mich. Apr. 6, 2016)04/06/2016
Motion to dismiss complaint granted without prejudice to pursue claims through arbitration.
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Hatemi v. M & T Bank, No. 113-CV-01103 (W.D.N.Y. Apr. 6, 2016)04/06/2016
Upon remand from the second circuit, court directs parties to arbitration and stays the case pending the outcome of the arbitration proceedings in light of second circuit's decision in Katz v. Cellco P’ship, 794 F.3d 341, 345 (2d Cir.), cert. denied, 136 S. Ct. 596 (2015) that proceedings shall be stayed upon application even if all claims have been referred to arbitration.
See also Hatemi v. M & T Bank, No. 14-4338-CV (2d Cir. Mar. 4, 2016)District court’s order denying motion to compel arbitration reversed; agreement that included an arbitration clause for all issues related to a bank account applied to the overdraft account, even though the overdraft account had a separate agreement that did not incorporate an arbitration clause. -
Sabre GLBL Inc. v. Shan, No. 15-CV-8900 (WJM) (D.N.J. Apr. 6, 2016)04/06/2016
Motion to compel arbitration and stay proceedings granted. Motion for expedited discovery denied where such right is only provided by the arbitration agreement in the context of a preliminary injunction application, which was not asserted.
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New Skies Satellites B.V. v. Gospel Ministries International, No. 1:15-CV-00027-TRM-SKL (E.D. Tenn. Apr. 5, 2016)03/28/2016
Court denied motion to dismiss petition to confirm Netherlands Arbitration Institute Award. Court held that the consent-to-confirmation requirement of Section 9 of the FAA is inapplicable to petitions seeking confirmation under the New York Convention.
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Brian Leighton v. Royal Caribbean Cruises, Ltd. No. 1:16-CV-20507-KMM (S.D. Fla. Apr. 5, 2016)04/05/2016
Motion to compel arbitration granted pursuant to the Convention on Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).
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Spirit Airlines Inc. v. Ass’n of Flight Attendants, No. 15-1821 (6th Cir. Apr. 5, 2016)04/05/2016
District court’s enforcement of the arbitral award and summary judgment affirmed.
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Shepardson v. Adecco USA Inc., No. 15-CV-05102-EMC (N.D. Cal. Apr. 5, 2016)04/05/2016
Motion to compel arbitration granted, except for those arising under California Private Attorney General Act of 2004, which are stayed pending completion of the arbitration. Class action waiver in the arbitration agreement was not an unlawful restraint on plaintiff‟s right to engage in concerted activity under the NLRA because plaintiff was given the opportunity to opt out.
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Galilea, LLC v. AGCS Marine Insurance Company, No. CV 15-84-BLG-SPW (D. Mont. Apr. 5, 2016)04/05/2016
Motion to compel arbitration granted in part and denied in part. The court retained jurisdiction over certain claims because incorporation of AAA rules in arbitration agreement did not constitute clear and unmistakable evidence of delegation of arbitrability to arbitrator where one party is not a sophisticated party for these purposes. Where an arbitration agreement covers disputes "arising under" the agreement, court held that only those disputes relating to the interpretation and performance of the contract itself are arbitrable.
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WeWork Companies Inc. v. Zoumer, No. 16-CV-457 (PKC) (S.D.N.Y. Apr. 5, 2016)04/05/2016
Motion to compel arbitration granted and action stayed except for issues relating to appointment of arbitrator. The failure to include specific details on the procedure of the arbitration is not fatal to the clause’s validity. Court ordered parties to attempt to agree sole arbitrator, failing which, the court would do so.
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Uzoamaka O. Akpele v. Pacific Life Insurance Company, No. 1:12-CV-02170-WSD (11th Cir. Apr. 5, 2016)04/05/2016
District court's decision to compel arbitration affirmed, arbitration award confirmed, and motion for default judgment denied. Under Georgia law, successor in interest deemed third-party beneficiary bound by arbitration agreement; exclusion of documents was not "manifest injustice" or bad faith by the arbitral tribunal.
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First Federal Finance Corp. v. Clarrion-Concepcion, No. 14-1522 (D.P.R. Apr. 5, 2016)04/05/2016
Motion to vacate arbitration award denied and award confirmed sua sponte by court; arbitrator did not exceed her powers or act in manifest disregard of the law. Motion to modify award denied; application to modify award was time-barred pursuant to 9 USC § 12.
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Biogas, Inc. v. Western Plains Energy LLC, No. 14-1070-SAC (D. Kan. Apr. 4, 2016)04/04/2016
Motion to confirm arbitration award granted as there were no grounds for vacatur established, including no evident partiality by the arbitrators.
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Hill v. Assuranceforeningen Skuld, No. CV 15-00025 (D. Guam Apr. 4, 2016)04/04/2016
Motion to compel arbitration granted, subject to proper service made on the defendant. Plaintiff estopped from seeking the benefits of the contract without shouldering its obligations, including the arbitration agreement.
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Ranieri v. Banco Santander SA, No. 2:15-CV-03740 (D. N.J. Apr. 4, 2016)04/04/2016
Motion to compel arbitration and dismiss or stay the action denied. Factual ambiguity of the parties' alleged agreement to arbitrate requires discovery on the question of arbitrability before the court can entertain the question of arbitrability.
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Hamilton Park Health Care Center Ltd. v. 1199 SEIU United Healthcare Workers East, No. 15-2595 (3d Cir. Apr. 1, 2016)04/01/2016
District court’s decision denying petition to vacate arbitration award affirmed in part, reversed in part, and remanded. The third circuit held that the district court was correct in finding that the arbitrator did not exceed his authority by issuing a multi-year award. The arbitrator did however exceed his authority by including a second generation interest arbitration provision since the parties had not agreed to such an arrangement; the remedy was contrary to the FAA and the National Labor Relations Act.
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Solid Q Holdings v. Arenal Energy, No. 2:15-CV-00419-DN (D.Utah Apr. 1, 2016)04/01/2016
Defendants' motion to compel arbitration denied. Court held that collateral estoppel does not apply to an order denying a motion to compel arbitration; equitable estoppel does not apply because plaintiff did not seek the benefit of the contract while trying to avoid the arbitration clause; and, the plaintiff is not a party to, and the claims fall outside of, the arbitration agreement.
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Engle v. Kisco Senior Living LLC, No. 6:15-CV-1819-Orl-40GJK (M.D. Fla Apr. 1, 2016)04/01/2016
Motion to compel arbitration and stay case and discovery denied. Defendant is not a party to the employment contract containing the arbitration clause it alleged applied.
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Bank of England v. Barrett and Barret Financial Group LLC, No. 4:15-CV-00683-SWW (E.D. Ark. Mar. 31, 2016)03/31/2016
Court granted Plaintiff’s motion to compel arbitration against both signatory and non-signatory defendants. Court found a valid and enforceable arbitration agreement existed only between plaintiff and signatory defendant. However, because non-signatory defendant was willing to submit to arbitration, it was unnecessary to determine whether compelling the non-signatory would be appropriate.
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Bell v. Ryan Trans. Serv., Inc., No. 2:15-CV-09857-JWL-GEB (D. Kan. Mar. 31, 2016)03/31/2016
Court granted defendant’s motion to compel arbitration. Court held that plaintiff, a sales representative of a transportation logistics firm, was not a “transportation worker” as defined by the FAA and therefore, the FAA’s exemption of all “contracts of employees of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” did not apply. Court also held that, contrary to plaintiff’s claims, certain discovery, attorney fee, and confidentiality provisions from the parties’ arbitration agreement do not limit plaintiff from vindicating his rights under the Fair Labor Standards Act and were therefore enforceable.
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Greenberg v. Ameriprise Financial Services Inc., No. 2:15-CV-03589 (E.D.N.Y. March 31, 2016)03/31/2016
Motion to compel arbitration and stay action granted. Court found that the FAA, not state law, applied to the action based upon the diversity of citizenship of the parties and the events giving rise to the dispute and the fact that it concerned interstate commerce.
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OI European Group B.V. v. Venezuela, No. 1:15-CV-02178 (S.D.N.Y. Mar. 31, 2016)03/31/2016
Motion to stay enforcement proceedings of an ICSID award granted while provisional stay imposed by ad hoc ICSID Annulment Committee remained in effect.
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DTC Engineers and Constructors, LLC v. Empresas Sabaer, No 15-1168 (D.P.R. Mar. 31, 2016)03/31/2016
Arbitral award confirmed and respondents’ motion to vacate denied.
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Bridge v. Credit One Financial, No. 2:14-CV-1512-LDG-NJK (D. Nev. Mar. 31, 2016)03/31/2016
Motion to compel arbitration granted. While plaintiff was a non-signatory to the arbitration agreement, he is estopped from pursuing a breach-of-contract claim while simultaneously attempting to disregard that same contract’s arbitration clause.
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International Energy Ventures Mgmt. LLC v. United Energy Group Ltd. No. 14-20552 (5th Cir. Mar. 31, 2016)03/31/2016
Arbitration clause in contract does not act as implied consent to personal jurisdiction.
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Soto v. F&M MAFCO, Inc., No. 2014-0024 (D.V.I. Mar. 31, 2016)03/31/2016
Motion to compel arbitration granted, but motion to dismiss plaintiff’s claims on the merits denied without prejudice. Since plaintiff does not challenge arbitration provision at issue specifically, an arbitrator will decide the validity of the arbitration agreement, as well as whether the plaintiff’s other claims are subject to arbitration.
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Golden Gate Nat’l Senior Care, LLC v. Sulpizio, No. 1:15-CV-00174 (M.D. Pa. Mar. 31, 2016)03/31/2016
Motion to compel arbitration granted in part. Arbitration agreement not unconscionable, however, one of the claims is not arbitrable under Pennsylvania law and is therefore properly before the court.
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Battles v. American Van Lines, Inc., No. 15-CV-62247-BLOOM/Valle (S.D. Fla. Mar. 31, 2016)03/31/2016
Request to vacate judgment against plaintiff in the underlying arbitration under §§ 10(a)(3) and 10(a)(4) of the FAA not warranted; arbitrator’s dismissal of plaintiff’s claim with prejudice when plaintiff failed to attend the hearing did not amount to misconduct so egregious as to warrant vacatur.
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Hilton v. Midland Funding LLC, No. 15-10322 (E.D. Mich. Mar. 31, 2016)03/31/2016
Motion to compel arbitration of consumer debt collection granted because plaintiff failed to show that congress intended for claims under the Fair Debt Collection Practices Act to be nonarbitrable and no express provision excluding the dispute from the scope of the arbitration agreement.
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Dirocco v. Victory Marketing Agency LLC, No. 215-CV-00552 (M.D. Fla Mar. 31, 2016)03/31/2016
Motion to compel arbitration granted and court action stayed pending completion of arbitration. Issue of whether this action should proceed to arbitration on a class basis is subsidiary issue for the arbitrator to determine.
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Veve v. OFG Bancorp, No. 3:14-CV-01601-CCC (D.P.R. Mar. 30, 2016)03/14/2016
Motion to dismiss granted; arbitration agreement in brokerage account of deceased mother was enforceable against her children as members of the estate.
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Garcia-Clara v. AIG Insurance Company, No. 3:15-CV-01784-CCC (D.P.R. Mar. 30, 2016)03/30/2016
Motion to compel arbitration granted; a valid agreement to arbitrate was created when the plaintiff received actual notice via emails expressly advising her of the arbitration agreement and giving her 60 days to opt out.
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Knatt v. J.C. Penney Corporation, Inc., No. 3:15-CV-02516 JM(KSC) (S.D. Cal. Mar. 30, 2016)03/30/2016
Motion to compel arbitration granted in light of plaintiffs’ agreement to arbitrate all disputes “arising from, related to, or asserted after termination of employment.”
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Rolando Renteria-Camacho v. DIRECTV Inc., No. 14-2529-CM (D. Kan. Mar. 30, 2016)03/30/2016
Motion to compel arbitration and stay the action denied because defendant waived its right to enforce the arbitration agreement by engaging with plaintiff in another related litigation. Waiver of the right to enforce an arbitration agreement does not require proof of intentional relinquishment or abandonment of a known right.
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Iraq Middle Market Development Foundation v. Mohammad Ali Mohammad Harmoosh, 1:15-CV-01124-GLR (D. Md. Mar. 30, 2016)03/30/2016
Motion to compel arbitration granted; court's dismissal of matter was proper because issue presented was arbitrable.
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Valuepart, Inc. v. Farquhar, No. 1:14-CV-03004 (N.D. Ill. Mar. 29, 2016)03/29/2016
Court denied plaintiff’s motion to compel pre-hearing oral testimony of a non-party to the arbitration pursuant to §7 of the FAA.
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Jarry v. Allied Cash Advance Virginia LLC, 6:15-CV-00045 (W.D. Va. Mar. 29, 2016)03/29/2016
Court granted motion to stay and compel arbitration, finding the arbitration agreement valid and enforceable pursuant to the FAA. Court concluded that the arbitration agreement covered the statutory dispute, requiring it to be resolved through arbitration, and determined that the arbitration costs do not preclude plaintiff from vindication of her rights.
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Citgo Petroleum Corp. v. Lake Charles Metal Trades Council, No. 2:15-CV-01664 (W.D. La. Mar. 29, 2016)03/11/2016
Court granted summary judgment to employee and union and against employer who brought action to vacate arbitration award. Court held that, in light of the “extraordinarily narrow” review of arbitral awards allowed by the LMRA and the FAA, the arbitrator acted within the scope of his authority under the Collective Bargaining Agreement.
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Kuruwa v. Turner Construction Company, No. 15-761 (2d Cir. Mar. 29, 2016)03/10/2016
District court’s confirmation of an arbitral award confirmed.