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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Bailey v. Wells Fargo Bank, N.A., No. 1:15-CV-2818-AT (N.D. Ga. Mar. 29, 2016)03/29/2016
Motion to dismiss plaintiff’s suit seeking to vacate arbitration award granted following evaluation under the FRCP Rule 12(b)(1) standard and court’s conclusion that it lacks subject matter jurisdiction over the claim.
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Kuruwa v. Turner Construction Company, No. 15-761 (2d Cir. Mar. 29, 2016)03/29/2016
District court’s confirmation of an arbitral award confirmed.
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Citgo Petroleum Corp. v. Lake Charles Metal Trades Council, No. 2:15-CV-01664 (W.D. La. Mar. 29, 2016)03/29/2016
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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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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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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Ecopetrol S.A. v. Offshore Exploration and Production LLC, No. 14-CV-529 (S.D.N.Y. Mar. 28, 2016)03/28/2016
Motion for an order of contempt against respondent and respondent's principal denied. An unsatisfied judgment arising from an interim arbitral award and a supplemental interim arbitral award did not give rise to an order of contempt.
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Schrock v. Nomac Drilling, LLC, No. 2:15-CV-1692 (W.D. Pa. Mar. 28, 2016)03/28/2016
Motion to compel arbitration denied; the arbitration agreement provides for arbitration in Oklahoma and the court lacks authority to order arbitration outside its own judicial district.
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Lezell v. USAA Savings Bank, No. 14-CV-5483 (FB) (PK) (E.D.N.Y. Mar. 28, 2016)03/28/2016
Motion to compel arbitration granted; the arbitration addendum at issue was incorporated by direct reference in the main credit card agreements and refers the question of whether plaintiffs’ claims “arise from” or “relate to” their credit card accounts to the arbitrator; agreement to arbitrate claims does not violate plaintiffs’ statutory rights.
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Socoloff v. LRN Corp., No. 13-57064 (9th Cir. Mar. 28, 2016)03/28/2016
Lower court’s decision to deny defendant’s motion to compel arbitration affirmed where defendant failed to produce a signed copy of the arbitration agreement, could not produce a witness who observed the plaintiff signing or returning the arbitration agreement, and failed to demonstrate valid incorporation of the agreement by reference in other documents.
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Precision Builders, Inc. v. Olympic Group, LLC, No. 15-30848 (5th Cir. Mar. 28, 2016)03/28/2016
Motion to compel arbitration denied; the court concluded that defendants had substantially invoked the judicial process and plaintiff would be prejudiced by an order compelling arbitration.
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Knaus v. Scottrade, Inc., No. 2:15-CV-03549 (ES)(JAD) (D.N.J. Mar. 28, 2016)03/28/2016
Defendant’s FRCP Rule 12(b)(6) motion granted but court cannot compel arbitration under a Rule 12(b)(6) motion because, when the complaint is silent on the issue of arbitrability, the court must apply the Rule 56 summary judgment standard and that standard was not met here.
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Dell Webb Communities, Inc. v. Carlson, No. 15-1385 (4th Cir. Mar. 28, 2016)03/28/2016
District court’s conclusion that the threshold issue of whether an arbitration clause permits class action is procedural and should be determined by the arbitrator is reversed, vacated and remanded. Procedural matters arise only once the obligation to arbitrate a matter is established, and the threshold issue at hand is relevant to arbitrability and should be determined by the court.
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Union de Tronquistas de Puerto Rico, Local 901 v. United Parcel Service, Inc., No. 15-1362 (GAG) (D.P.R. Mar. 28, 2016)03/28/2016
Arbitration award confirmed; an arbitrator’s interpretation of a collective bargaining agreement must be confirmed if there is any plausible basis for that interpretation within the agreement’s four corners and arbitrator did not manifestly disregard Puerto Rico law.
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Parnell v. Cashcall, Inc., No. 4:14-CV-00024-HLM (N.D. Ga. Mar. 28, 2016)03/28/2016
Court granted defendant’s motion to stay proceedings pending the eleventh circuit’s resolution of defendant’s appeal of the court’s order denying defendant’s motion to compel arbitration. Court further denied without prejudice plaintiff’s motion to certify a class.
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Rio Tinto Plc. v. Vale S.A., et. al., No. 1:14-CV-03042-RMB (S.D.N.Y. Mar. 25, 2016)03/25/2016
Court affirmed prior March 9, 2016 Decision and Order of a magistrate judge.
See also Rio Tinto Plc. v. Vale S.A., et. al., No. 1:14-CV-03042-RMB (S.D.N.Y. Mar. 9, 2016)
U.S. District Court for the Southern District of New York held that it has the power to modify a previously issued protective order and, therefore, approved the request to modify that protective order to allow documents to be produced in an LCIA arbitration. -
Brooks v. Field, No. 6:14-CV-2267-BHH (D.S.C. Mar. 25, 2016)03/25/2016
Motion to compel arbitration denied since, inter alia, the arbitration clause was inapplicable.
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Sgouros v. Transunion Corporation, No. 15-1371 (7th Cir. Mar. 25, 2016)03/25/2016
District court’s order denying motion to compel arbitration affirmed. Website failed to provide user reasonable notice that use of the site constitutes assent to an arbitration agreement.
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Preferred Care of Delaware, Inc. v. Crocker, No. 5:15-CV-0177-TBR (W.D. Ky. Mar. 25, 2016)03/25/2016
Court, inter alia, denied plaintiff’s motion to compel arbitration and request for preliminary injunction against defendant’s negligence claims brought in state court. Court held that attorney-in-fact had authority to enter arbitration agreement and considered the question of whether she entered that arbitration agreement “freely, voluntarily and knowingly” irrelevant. The court also concluded that the arbitration agreement was not one-sided, did not lack valid consideration and contained complete and definite terms.
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Monteverde v. West Palm Beach Food & Beverage, LLC, No. 9:15-CV-81203-Rosenberg/Hopkins (S.D. Fla. Mar. 24, 2016)03/24/2016
Motion to compel arbitration granted; the court held, inter alia, that arbitration agreements were valid and can be applied retroactively to claims stemming from events that occurred prior to execution of the arbitration agreement.
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Magnum Gas Pipeline, LLC v. Silver Oak Operating, LLC, No. 11-0056 (W.D. La. Mar. 24, 2016)03/24/2016
Motion to enforce a judgment confirming an arbitration award granted in part and denied in part; plaintiff’s request for damages under the arbitration award granted, but request for specific performance, where such performance is not expressly ordered in the arbitration award, denied and must be addressed by a further arbitration award.
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National Casualty Company v. Resolute Reinsurance Company, No. 1:15-CV-9440 (DLC) (S.D.N.Y. Mar. 24, 2016)03/24/2016
Petition to confirm arbitration award granted because, inter alia, the parties’ arbitration agreement implies consent to confirmation under § 9 of the FAA.
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Jake Mendel v. Morgan Keegan Company Inc., No. 15-12801 (11th Cir. Mar. 23, 2016)03/23/2016
District court’s decision to vacate arbitral award on grounds of “evident partiality” of a tribunal member reversed and remanded. Court found that district court incorrectly relied on the Alabama Supreme Court’s interpretation of 9 USC § 10(a)(2), rather than applying binding Circuit precedent and that plaintiff had not met this court’s narrow evident partiality standard. Since plaintiff’s allegation that there was an actual conflict could not be considered for the first time on appeal, the award could only be vacated if the arbitrator knew of, but failed to disclose, a potential conflict. Plaintiff failed to show this was the case.
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Dillon v. BMO Harris Bank, N.A., No. 1:13-CV-00897 (M.D.N.C. Mar. 23, 2016)03/23/2016
Court denied motion to compel arbitration because defendant failed to offer credible, admissible evidence proving a valid agreement to arbitrate existed. The testimony and documents presented, including plaintiff’s confirmation that personal information shown on the proffered loan agreement was accurate, were not enough to show how the document was created and prove that there was mutual assent to the arbitration provision.
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Alarcon v. Vital Recovery Services, Inc., No. 15CV992-LAB (KSC) (S.D. Cal. Mar. 22, 2016)03/22/2016
Motion to compel arbitration granted and plaintiff’s suit dismissed because, inter alia, plaintiff’s prior success in litigation brought by the original lender did not extinguish all rights under the loan agreement in light of the arbitration rider survival clause.
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GCIU-Employer Retirement Fund v. Quad/Graphics, Inc., No. 2:16-CV-00100-ODW (AFMx) (C.D. Cal. Mar. 22, 2016)03/22/2016
Motion to dismiss or stay pending arbitration granted with respect to the claims that had been sufficiently pleaded; plaintiff granted leave to amend pleading for claim pleaded without sufficient supporting facts.
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Miceli v. Citigroup, Inc., No. 2:15-CV-01962-GMN-VCF (D. Nev. Mar. 22, 2016)03/22/2016
Motion to stay all pre-trial obligations (including discovery) pending the court’s decision on motion to compel arbitration granted; when considering a motion to compel arbitration a federal court “may consider only issues relating to the making and performance of the agreement to arbitrate.”
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Hopper v. American Arbitration Association, No. 2:16-CV-01124-RGK-AGR (C.D. Cal. Mar. 22, 2016)03/22/2016
Court granted defendants’ motion to dismiss, finding that plaintiff’s claims were barred by arbitral immunity. Plaintiff argued that the AAA failed to provide a neutral arbitrator because, according to an article in the New York Times and the Employee Rights and Employment Practice Journal, arbitrators are not neutral because they unfairly favor big corporations. Court explained that arbitration proceedings require the need for independent judgments free from fear of legal action, and so the California and federal courts have held that an arbitrator and his or her sponsoring organization are immune from liability for “partiality” or bias.
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Unison Co., Ltd. v. Juhl Energy Development Inc., No. 13-CV-3342 (ADM/JJK) (D. Minn. Mar. 21, 2016)03/21/2016
Motion to compel compliance with an arbitral tribunal's disclosure orders pursuant to 9 U.S.C. § 7 denied. Defendants' request to the court went far afield of the powers available under 9 U.S.C. § 7 since the arbitral tribunal had not ordered a witness to appear at a hearing or issued a final decision on the disclosure of documents.
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Allstate Insurance Co. v. Toll Brothers, No. 5:15-CV-05225 (E.D. Pa. Mar. 21, 2016)03/21/2016
Motion to compel arbitration granted as to defendant who had arbitration agreement with plaintiff; but subcontractors were not third-party beneficiaries and the plaintiff cannot be forced to arbitrate claims against them.
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City of Benkelman, Nebraska v. Baseline Engineering Corporation, No. 7:15CV5003 (D. Neb. Mar. 21, 2016)03/21/2016
Motion to dismiss granted; arbitration agreement is enforceable under Colorado law and therefore claims must be submitted to arbitration.
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Sutherland Global Services, Inc. v. Adam Technologies International SA de C.V., No. 12-CV-06439 (W.D.N.Y. Mar. 21, 2016)03/21/2016
In light of the second circuit's affirmation of the court's decision and order confirming an arbitration award in favor of the plaintiff, court granted plaintiff's motion to compel responses to its post-judgment discovery demands on the defendant pursuant to FRCP Rule 69.
See also Sutherland Global Services Inc. v. Adam Technologies International SA de C.V., No. 15-1063-CV (2d Cir. Feb. 9, 2016)
District court’s order confirming an arbitration award affirmed. -
Khraibut v.Chahal, No. C15-04463 CRB (N.D. Cal. Mar. 18, 2016)03/18/2016
Motion to compel arbitration granted and case stayed; incorporation of AAA arbitration rules delegates decision on arbitrability to arbitrators.
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Smagin v. Yegiazaryan, No. CV 14-9764-R (C.D. Cal. Mar. 17, 2016)03/17/2016
Application for summary judgment and confirmation of an LCIA arbitration award granted under the New York Convention; petition and supporting evidence established that the arbitral award was final and enforceable and that the arbitral tribunal had jurisdiction over the parties and the dispute.
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Hall v. IKEA Property Inc., No. 14-12706 (E.D. Mich. Mar. 17, 2016)03/17/2016
Third-party defendant dismissed as party because defendant’s claims against it were subject to a valid arbitration agreement.
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Magruder v. Fidelity Brokerage Services LLC, No. 15-1846 (7th Cir. Mar. 17, 2016)03/17/2016
Lower court’s judgment in favor of defendant’s application to enforce arbitrator’s order vacated and remanded; lower court did not have diversity or federal-question jurisdiction over action.
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Siddiqua v. New York State Dep’t of Health, No. 15-2702 (2d Cir. Mar. 16, 2016)03/16/2016
Circuit court reversed district court to hold that arbitration proceedings regarding contractual claims under a collective bargaining agreement neither precluded a Fair Management Labor Act suit in federal court on subsequent statutory claims arising under federal law, nor an employee’s attempts to vacate an arbitration award in state court where her contractual rights under the collective bargaining agreement were distinctly separate in nature from independent, congressionally-provided statutory rights.
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Bowers v. Northern Two Cayes Co. Ltd., No. 1:15-CV-00029-MR-DLH (W.D.N.C. Mar. 15, 2016)03/15/2016
Motion to compel arbitration granted as the arbitration agreement is valid; defendant’s motion to dismiss denied as premature. Parties directed to confer and agree upon an arbitrator.
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Casa del Caffe Vergnano S.p.A. v. Italflavors, LLC, No. 13-56091 (9th Cir. Mar. 15, 2016)03/15/2016
Order granting a petition to compel arbitration reversed. The underlying contract did not constitute a binding agreement under federal common law because there was no mutual intention to be bound and no more than a sham agreement existed, thus leaving the arbitration agreement therein unenforceable.
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Trustees for The Mason Tenders District Council Welfare Fund v. Earth Construction Corp., No. 15-CV-3967 (RA) (S.D.N.Y. Mar. 15, 2016)03/15/2016
Petition to confirm and enforce arbitration award granted; court held that applying the “very limited review” was appropriate, there is no genuine issue of material fact and petitioners are entitled to judgment as a matter of law.
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Western Security Bank v. Schneider Ltd. Partnership, No. 15-35617 (9th Cir. Mar. 14, 2016)03/14/2016
Appeal dismissed; interlocutory appeal not appropriate because court lacks jurisdiction where the motion to stay was not seeking to have issues exclusively decided by an arbitrator, and only sought a stay not to compel arbitration.
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HEI Investments, LLC v. Black Diamond Capital Appreciation Fund, LP, No. 15-746 (ES) (MAH) (D.N.J. Mar. 14, 2016)03/14/2016
Motion to compel arbitration denied; further factual development required since arbitrability not apparent on the face of complaint.
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Gross v. GGNSC Southaven, Nos. 15-60124, 15-60248 (5th Cir. Mar. 14, 2016)03/14/2016
Prior orders of the district court denying motion to compel arbitration vacated and remanded for further proceedings.
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Steele v. Citibank, N.A., No. 2:15-CV-01618-TFM (W.D. Pa. Mar. 14, 2016)03/14/2016
Motion to compel arbitration denied as it was not clear on the face of the complaint whether plaintiff agreed to arbitrate; limited discovery on whether there is a valid arbitration agreement ordered.
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Parnell v. Cashcall, Inc., No. 4:14-CV-00024 (N.D. Ga. Mar. 14, 2016)03/14/2016
Motion to compel arbitration and stay or dismiss proceedings denied. Court held plaintiff’s challenge of the delegation provision within the arbitration clause as void and unenforceable allows the court to adjudicate whether the provision is valid under § 2 of the FAA. Court also held the arbitration clause is generally unenforceable because the Cheyenne River Sioux Tribe, as the chosen forum and source of applicable rules, was integral to the agreement to arbitrate and invalid because the Tribe does not have dispute rules.
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Albaniabeg Ambient SH.P.K. v. Enel S.P.A. and Enelpower S.P.A., No. 1:15-CV-03283-PGG (S.D.N.Y. Mar. 11, 2016)03/11/2016
Motion to remand action to the state court granted; 9 U.S.C. § 203 and the New York Convention do not provide subject matter jurisdiction over actions to enforce a foreign court's judgment, even where a party contends that the foreign court's judgment is inconsistent with an earlier arbitration award or an agreement to arbitrate.
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Maple Leaf Adventures Corp. v. Jet Tern Marine Co. Ltd., No. 15-CV-02504-AJB-BGS (S.D. Cal. Mar. 11, 2016)03/11/2016
Order denying petition to confirm arbitral award under the New York Convention denied based on petitioner's inability to establish a prima facie showing of the court's general jurisdiction over respondent. Petitioner's request to conduct jurisdictional discovery against respondent's non-party subsidiary granted.
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Davis v. Lendmark Financial Services, LLC, No. 7:15-CV-000131 (W.D. Va. Mar. 11, 2016)03/11/2016
Motion to compel arbitration denied; since it is disputed whether plaintiff saw offer letter that included arbitration agreement, a jury trial is proper to determine this material fact in dispute.
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National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15 Civ. 3975 (NRB) (S.D.N.Y. Mar. 10, 2016)03/10/2016
Court granted petition to confirm three awards, finding, inter alia, no "evident partiality" of an umpire so as to warrant vacatur.
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Yancey & Jamieson, Inc. v. Mapp Construction, L.L.C., No. 3:14-00413-JWD-EWD (M.D. La. Mar. 10, 2016)03/10/2016
Motion to vacate arbitral award denied; plaintiff failed to meet its burden under the Louisiana Binding Arbitration Law to show that truly relevant evidence was ignored or that arbitrators exceeded their powers; the award is sufficiently definite; there is no evidence of gross unfairness.
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Bentley v. EFN West Palm Motor Sales, LLC, No. 9:16-CV-80453-KAM (S.D. Fla. March 10, 2016)03/10/2016
Court granted motion to compel arbitration, holding that the arbitration agreement was not procedurally or substantively unconscionable. Court found that the arbitration agreement was a short, legible document, with room underneath for employee’s signature, which expressly stated that acceptance was not a prerequisite to continued employment and gave employee an option to opt out of arbitration for Title VII claims. Court found that that silence as to costs, or the mere risk of prohibitive costs without a non-speculative estimate, was insufficient to render the agreement substantively unconscionable.