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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Nothum Manufacturing Company v. Marel Meat Processing Inc., No. 6:15-CV-03527-MDH (W.D. Mo. Jan. 22, 2016)01/22/2016
Motion to compel arbitration granted and dismissal of the action, rather than a stay, was appropriate in circumstances where it is clear the entire controversy between the parties will be resolved by arbitration.
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New Orleans Cold Storage & Warehouse Co., Ltd. v. Grenzebach Corp., No. 15-6642 (E.D. La. Jan. 22, 2016)01/22/2016
Motion to compel arbitration granted; the FAA applies to transactions involving interstate commerce.
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Whitehead v. Pullman Group, LLC, Nos. 15-1627, 15-1628 (3d Cir. Jan. 22, 2016)01/22/2016
District court’s denial of motion to vacate arbitral award was proper; arbitrators’ refusal to hear testimony was not fundamentally unfair; it is questionable whether the “manifest disregard of the law” standard survived the Supreme Court’s decision in Mattel holding that the FAA provides exclusive grounds for vacating an arbitral award.
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Euro Pacific Capital Inc. v. Bohai Pharmaceuticals Group, Inc., No. 15-CV-4410-VM (S.D.N.Y. Jan. 21, 2016)01/21/2016
Motions to compel arbitration and stay litigation denied on grounds that the claims at issue did not fall within the scope of the arbitration agreement.
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Reaser v. Credit One Financial, No. 3:15-CV-1765 (M.D. Pa. Jan. 21, 2016)01/21/2016
Motion to compel arbitration denied; if the existence of an arbitration agreement is not clear from the face of the complaint, the parties should be entitled to discovery over the question of arbitrability.
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Estate of Trantham v. SSC Lexington Operating Co., LLC, No. 1:15CV726 (M.D.N.C. Jan. 20, 2016)01/20/2016
Motion to compel arbitration and stay proceedings granted due to the presence of a valid arbitration agreement covering the issue in dispute.
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Interdigital Technology Corporation v. Pegatron Corporation, No. 15-CV-02584-LHK (N.D. Cal. Jan. 20, 2016)01/20/2016
Motions to compel arbitration and stay litigation granted; parties' incorporation of the AAA rules into their arbitration agreement was a clear and unmistakable intent to delegate questions of arbitrability to an arbitrator and the court's inquiry was therefore limited to whether the assertion of arbitrability was wholly groundless.
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Greenawalt v. Archdiocese of San Francisco, No. 15-CV-05077-JCS (N.D. Cal. Jan. 20, 2016)01/20/2016
Application to compel arbitration dismissed with leave to amend; movant failed to properly allege a basis for federal jurisdiction.
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Montview Blvd. Presbyterian Church v. Church Mutual Insurance Company, No. 14-CV-01635-MSK-KMT (D. Colo. Jan. 20, 2016)01/20/2016
An insurance policy appraisal process is not an arbitration clause subject to provisions of the Colorado Uniform Arbitration Act.
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Lloyd v. BRSI, LLC, No. CIV-15-964-M (W.D. Okla. Jan. 19, 2016)01/19/2016
Motion to compel arbitration granted; questions as to the validity of the arbitration agreement are for the arbitrators to decide.
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Van Buren v. Cargill, Inc., No. 1:10-CV-701S (W.D.N.Y. Jan. 19, 2016)01/19/2016
Motion to vacate award denied and counter-motion to confirm award granted. Party moving to vacate waived bias as a grounds for challenging award because the issue was not raised during the arbitral proceedings and the party continually accepted the procedures and the arbitrators. Cost of arbitration was not too prohibitive as to give rise to unconscionability.
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Vanquish Worldwide LLC v. United Sadat Transportation and Logistics Company, No. 15-CV-0135-SWS (D. Wyo. Jan. 19, 2016)01/19/2016
ICC arbitration award vacated in part where arbitral tribunal exceeded its authority by awarding payment of damages during the first phase of a bifurcated proceeding on liability. Award confirmed in all other respects.
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Bayer CropScience AG v. Dow AgroSciences LLC, No. 2:12-CV-47 (E.D. Va. Jan. 15, 2016)01/15/2016
Plaintiff’s motion to confirm an ICC arbitration award granted and defendants' motion to vacate the arbitration award and stay the proceedings denied. The court held the award must be confirmed absent extraordinary circumstances.
See also Bayer CropScience v. Dow AgroSciences, No. 2:12-CV-47 (E.D. Va. Feb. 17, 2016)
Motion to amend court's prior judgment rejected. The arbitration award underlying the judgment set forth the manner by which post award interest shall accrue, and the court would not substitute a statutory rate where the parties agreed to binding arbitration and the resultant award, including its determination on post award interest, was confirmed. -
A Miner Contracting, Inc. v. Dana Kepner Co., Inc., No. 2:15-CV-15-01904-PHX-NVW (D. Ariz. Jan. 15, 2016)01/15/2016
Motion to vacate award denied as untimely under the FAA. Even if motion timely made, the fact that a client of arbitrator’s firm’s opposed plaintiff in a separate proceeding did not constitute bias.
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Parkcrest Builders, LLC v. Housing Authority of New Orleans (HANO), No. 15-150 (E.D. La. Jan. 13, 2016)01/13/2016
Motion to compel arbitration granted; question of whether plaintiff exhausted administrative remedies is an issue of procedural arbitrability to be decided by an arbitrator; the court is authorized to appoint an arbitrator but it is preferable that arbitrators be chosen by the parties.
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Ruiz v. Millennium Square Residential Association, No. 15-1014 (JDB) (D.D.C. Jan. 13, 2016)01/13/2016
Motion to compel arbitration granted and action stayed pending arbitration. Arbitration agreement’s failure to require written arbitration decisions or to provide for certain discovery procedures does not render the agreement substantively unconscionable as a whole. The agreement’s arbitrator-selection process was however unconscionable because it assigned the selection power solely to one of the parties and the arbitrator-selection provision could be severed from the agreement.
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Vector Electric & Controls, Inc. v. ABM Industries Inc., No. 3:15-00252-JWD-RLB (M.D. La. Jan. 11, 2016)01/11/2016
Motion to compel arbitration granted; the arbitration provision allowing for arbitrating “any dispute” arising out of an agreement is not overly broad; non-signatories to an arbitration agreement may be compelled to arbitrate.
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Nowak v. Pennsylvania Professional Soccer, LLC, No. 12-4165 (E.D. Pa. Jan. 11, 2016)01/11/2016
Motion to vacate arbitral award denied; the arbitrator did not misapply the law and was not biased; decision would not be overturned on ground that it could not be rationally derived from the evidence.
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McCormick v. Citibank, NA, No. 15-CV-46-JTC (W.D.N.Y. Jan. 8, 2016)01/08/2016
Motion to compel arbitration granted and stay under 9 USC § 3 entered because the statutory claim at issue was within the scope of the parties’ valid arbitration agreement.
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LLOG Exploration Offshore LLC v. Newfield Exploration Co., No. 15-1749 (E.D. La. Jan. 8, 2016)01/08/2016
Motion to compel arbitration denied because the arbitration agreement provided for disposition by a court if the issues can be determined as a matter of law.
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Cotton v. GGNSC Batesville, LLC, No. 3:13-CV-00169-DMB-SAA (N.D. Miss. Jan. 7, 2016)01/07/2016
Motion to stay pending appeal (of denial of motion to compel arbitration) denied.
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Trailers Intl, LLC v. Mastercraft Tools Florida, Inc., No. 3:15-CV-00767-BR (D. Or. Jan. 6, 2016)01/06/2016
Motions to compel arbitration and stay litigation denied on the grounds that the claims at issue did not fall within the scope of the arbitration agreement.
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Herrera Cedeno v. Morgan Stanley Smith Barney, LLC, No. 1:15-CV-24244-UU (S.D. Fla. Jan. 6, 2016)01/06/2016
Motion to compel arbitration granted; plaintiff’s mere denial that he received the arbitration agreement is not sufficient to invalidate agreement when he signed another agreement acknowledging receipt of it.
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Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016)01/05/2016
Order of the district court denying motion to stay proceedings and compel arbitration affirmed. The effective vindication exception applied because the arbitration agreement was ambiguous as to whether plaintiff could be awarded costs and fees if she prevailed, therefore discouraging plaintiff from pursuing her claims.
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Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275 (3d Cir. Jan. 5, 2016)01/05/2016
District court’s decision – to vacate arbitrators’ decision that class arbitrability was within their purview – upheld. The incorporation of AAA arbitration rules did not constitute a clear and unmistakable delegation of authority to the arbitrators to decide the question of class arbitrability.
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Lee v. Samsung Electronics America, Inc., No. 15-CV-05235-EMC (N.D. Cal. Jan. 5, 2016)01/05/2016
Motion to compel arbitration granted; plaintiff’s failure to respond to the motion is a concession that arbitration is proper.
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Reed v. Johnson, No. 4:14CV176-SA-JMV (N.D. Miss. Jan. 4, 2016)01/04/2016
Motion to compel arbitration held in abeyance until court can complete a trial on issue of whether plaintiff signed the arbitration agreement.
See also Reed v. Johnson, No. 4:14-CV-176-SA-JMV (N.D. Miss. Mar. 9, 2016)
Motion to compel arbitration granted; the arbitration agreement was not procedurally unconscionable under Mississippi law.