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.

• Ribadeneira v. New Balance Athletics, Inc., No. 21-1831 (1st Cir. Apr. 6, 2023)

  04/06/2023

  Court of appeals reversed district court decision to vacate two foreign arbitral awards finding that non-signatories were bound to the arbitration agreement by theories of assumption and equitable estoppel.  Court of appeals found that the first plaintiff was subject to the arbitrator’s jurisdiction, because as a successor-in-interest to the signatory company, it assumed the obligation to arbitrate.  Court of appeals concluded that the second plaintiff was estopped from avoiding the arbitration clause, where the plaintiff sought to enforce the terms of the agreement in Peruvian court and therefore, knowingly received direct benefits of the agreement.

• Arbors on the Lake 2018, LLC v. Certain Underwriters at Lloyd’s London, No. 23-CV-00192-GGG-KWR (E.D. La. Apr. 5, 2023)

  04/05/2023

  Court granted defendants’ motion to compel arbitration pursuant to the New York Convention, where the plaintiff failed to file any opposition contesting the motion.  Court found there was a written agreement to arbitrate, the agreement provided for arbitration in a New York Convention signatory nation, the agreement arose out of a commercial relationship, and a party to the agreement was not a U.S. citizen.

• County of Monmouth and Scavello v. Rite Aid Corporation, No. 2:20-CV-02024-MSG (E.D. Pa. March 31, 2023)

  03/31/2023

  Court denied motion to compel arbitration, holding that equitable estoppel did not bind non-signatory plaintiff to the arbitration agreement in a contract between defendant and a third party.  Court found that plaintiff’s tort claims were not efforts to enforce that contract, nor was her position such that she was bound to the agreements through obtaining or seeking to obtain benefits of the contract. 

• Cube Infrastructure Fund SICAV v. Kingdom of Spain, No. 20-CV-01708-EGS-MAU (D.D.C. March 31, 2023)

  03/31/2023

  Magistrate judge recommended that Spain’s motion to dismiss action to confirm arbitration award be denied, finding that (i) the court had subject matter jurisdiction under FSIA because plaintiffs had made a prima facie showing of the three required jurisdictional facts to invoke FSIA’s arbitration exception, (ii) Spain did not rebut the presumption that the treaty and notice of arbitration constituted an agreement to arbitrate, (iii) the arbitration award was entitled to full faith and credit, (iv) the foreign sovereign compulsion doctrine did not apply and, in any event, Spain could not claim compulsion where it had willfully submitted to and participated in the ICSID process, and (v) the doctrine of forum non conveniens is not available in proceedings to confirm a foreign arbitration award.  Magistrate judge, therefore, recommended plaintiffs’ summary judgment motion be granted, considering the exceptionally limited role the courts have in enforcing ICSID awards.

• Huzhou Chuangtai Rongyuan Investment Management Partnership v. Qin, No. 21-CV-09221-KPF (S.D.N.Y. Mar. 31, 2023)

  03/31/2023

  Court rejected respondent’s Rule 60(b)(1) motion to vacate a final judgment enforcing a foreign arbitral award where respondent could not establish that he did not receive proper notice of the underlying arbitration.

• A.D. Trade Belgium S.P.R.L. v. Republic of Guinea, No. 22-CV-00245-RJL (D.D.C. Mar. 31, 2023)

  03/31/2023

  Court granted default judgment and confirmed two foreign arbitral awards, finding it had subject matter jurisdiction over Guinea under the arbitration exception to immunity under the Foreign Sovereign Immunities Act and had personal jurisdiction as service was compliant with 28 USC § 1608.  Court confirmed the two awards under the New York Convention, because Guinea had not asserted any defenses to enforcement.  Court concluded that through its absence Guinea waived any statute of limitation defenses, so it did not address petitioner’s argument that the petition for confirmation was timely because the time to file was equitably tolled by Guinea’s appeal for annulment in France.

• Drip Capital, Inc. v. M/S. Goodwill Apparels, No. 22-CV-02806-ALC (S.D.N.Y. Mar. 30, 2023)

  03/30/2023

  Court confirmed foreign arbitral award, finding Art. V(1)(e) of the New York inapplicable as respondent had not shown that any court set aside or suspended the award.  Court further declined to stay the decision on enforcement where a parallel case to appeal the award was pending in India given the delays the respondent had caused in the case.

• Blasket Renewable Investments, LLC v. The Kingdom of Spain, No. 21-CV-03249-RJL (D.D.C. Mar. 29, 2023)

  03/29/2023

  Court granted Spain’s motion to dismiss action to enforce foreign arbitral award.  Court found it lacked subject matter jurisdiction over the case under the arbitration exception to the Foreign Sovereign Immunities Act (FSIA), because Spain established that it lacked the legal authority to enter into an agreement to arbitrate with petitioners as a matter of EU law.  Court also rejected petitioners’ argument that that subject matter jurisdiction existed under FSIA’s waiver exception, finding that the Spain’s agreement to arbitrate was a prerequisite.

• Hong Kong Continental Trade Co. Limited v. Natural Balance Pet Foods, Inc., No. 22-CV-00571-JAK-AFM (C.D. Cal. Mar. 28, 2023)

  03/28/2023

  Court compelled arbitration finding (1) issues of arbitrability are governed by federal law where the arbitration agreement is covered by the FAA and the parties did not clearly agree otherwise, (2) the agreement delegated issues of arbitrability to the arbitrator, and (3) a court may not override a contract that clearly and unmistakably delegated issues of arbitrability.

• The United Mexican States v. Nelson, No. 22-CV-04047-CJW-KEM (N.D. Iowa Mar. 23, 2023)

  03/23/2023

  Court granted petition for recognition and enforcement of arbitration award, finding that res judicata barred defendant’s claims in resistance to enforcement of the arbitration award.  Court also found that even if it were to entertain defendant’s claims, it would enforce the award because the arbitral tribunal afforded defendant due process and did not otherwise prevent him from presenting his case.

• OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 21-MC-00481-LPS (D. Del. Mar. 23, 2023)

  03/23/2023

  Court granted motions for a writ of attachment of the shares of PDV Holding, Inc. held by Petróleos de Venezuela, S.A. (“PDVSA”) and other similar motions filed by judgment creditors of Venezuela (including creditors holding judgments on arbitral awards), finding that the creditors rebutted the presumption that Venezuela and PDVSA are separate and proved that PDVSA had been and is the alter ego of Venezuela, at all pertinent times.

• LLC SPC Stileks v. The Republic of Moldova, No. 14-CV-01921-CRC (D.D.C. Mar. 23, 2023)

  03/23/2023

  Court granted motion for an order under 28 USC § 1610(c) authorizing enforcement of judgment confirming arbitration award, finding that (i) the notice requirements described in 28 USC § 1608(e) did not apply in the case; (ii) a reasonable period of time had elapsed following the entry of judgment; and (iii) the court was a proper forum to issue a 28 USC § 1610(c) order.  Court also granted motion to compel discovery relating to Moldova’s assets with the exception of one request for production of documents.

• Certain Underwriters at Lloyd’s London v. Belmont Commons L.L.C., No. 22-CV-03874-EEF-MBN (E.D. La. Mar. 23, 2023)

  03/23/2023

  Court denied defendants’ second motion for reconsideration of order granting motion to compel arbitration, finding that the Western District of Louisiana’s recent decision not to compel arbitration was distinguishable because claims against foreign insurers in that case had been dismissed with prejudice, while potential claims against foreign insurers remained here, so the New York Convention was still implicated.  Court granted defendant’s alternative request to certify the order compelling arbitration as appealable pursuant to 28 USC § 1292(b), finding that it involved a controlling question of law.

• Amaplat Mauritius LTD. v. Zimbabwe Mining Development Corporation, No. 22-CV-00058-CRC (D.D.C. Mar. 22, 2023)

  03/22/2023

  Court granted motion to dismiss proceeding for recognition of a foreign court judgment enforcing an arbitration award as to the Republic of Zimbabwe and the Zimbabwe Mining Development Corporation on jurisdictional grounds, finding plaintiffs failed to adequately plead an alter ego relationship between the two.  Court, however, denied motion to dismiss proceedings as to third defendant, the Chief Mining Commissioner of the Zimbabwean Ministry of Mines, finding that it had jurisdiction over the Commissioner.

• Tulare Golf Course, LLC v. Vantage Tag, Inc., No. 21-CV-00505-JLT-SKO (E.D. Cal. Mar. 21, 2023)

  03/21/2023

  Court granted in part motion to compel arbitration, finding that (i) defendant who opposed the motion was not a party to the relevant arbitration agreement; and (ii) certain exceptions to compel non-signatories to arbitration did not apply.

• Foresight Energy, LLC v. Ace American Insurance Company, No. 22-CV-00887-JAR (E.D. Mo. Mar. 21, 2023)

  03/21/2023

  Court held that insurance policy arbitration clauses falling under the New York Convention were enforceable against a Missouri insured notwithstanding Missouri’s anti-arbitration statute, finding that the McCarran-Ferguson Act applies only to domestic legislation and does not contemplate the preemption of international treaties.  Court, therefore, referred plaintiff’s claims to arbitration and stayed the case pending arbitration.

• Adcock Property Management, LLC v. Certain Underwriters at Lloyd’s London, No. 22-CV-00306-HSO-BWP (S.D. Miss. Mar. 20, 2023)

  03/20/2023

  Court granted defendants’ motion to compel arbitration and stay litigation on the grounds that all four conditions under the New York Convention were satisfied: (1) a written agreement to arbitrate all matters existed; (2) the arbitration provision provided for the seat of arbitration in New York; (3) the complaint made clear that the parties’ dispute arose out of a commercial relationship—namely the insurance agreement; and (4) defendants sufficiently demonstrated that several parties are not US citizens.

• Various Insurers, Reinsurers and Retrocessionaires v. General Electric International, Inc., No. 21-CV-04751-VMC (N.D. Ga. Mar. 17, 2023)

  06/22/2023

  Court granted motion to compel arbitration under the New York Convention, finding that (i) enforcement of arbitration agreement under a third-party beneficiary doctrine was warranted under the facts of the case; and (ii) the agreement delegated questions of arbitrability, including scope, to the arbitrator.

• Perenco Ecuador Ltd. v. Republic of Ecuador, No. 1:19-CV-02943-JMC (D.D.C. Mar. 16, 2023)

  06/22/2023

  Court granted motion to confirm an arbitration award pursuant to the ICSID Convention.  Court rejected respondent’s request to set off and stay the award pending resolution of the parties’ tax dispute.  Court agreed with respondent that post-judgment interest should be calculated pursuant to 28 USC § 1961 rather than the ICSID award.

• Marilyn Azuz v. Accucom Corporation, d/b/a InfoTracer, No. 1:21-CV-01182 (N.D. Ill. Mar. 15, 2023)

  06/22/2023

  Court denied petitioner’s motion to compel arbitration pursuant to the FAA in an action involving alleged violations of Illinois Rights of Publicity Act.  Court rejected petitioner’s arguments that respondent’s agent had actual or apparent authority to enter into an arbitration agreement on behalf of the respondent and that, alternatively, respondent was bound by the arbitration agreement through ratification.

• Manuel Alvarez, Sr. v. Experian Information Solutions, Inc., No. 2:19-CV-03343-JS-JMW (E.D.N.Y. Mar. 15, 2023)

  03/15/2023

  Court granted petitioner’s motion to compel arbitration involving alleged violations of the Fair Credit Reporting Act (“FCRA”), New York Fair Credit Reporting Act (“NYFCRA”), and New York General Business Law §§ 380 et seq.  Court found that the parties entered into a valid arbitration agreement, the dispute was encompassed by the arbitration agreement, and the petitioner did not waive its right to pursue arbitration through its conduct in litigation.

• JLR Global, LLC v. Paypal Holding Co., No. 4:22-CV-00559-ALM (E.D. Tex. Mar. 15, 2023)

  03/15/2023

  Court granted petitioner’s motion to compel arbitration pursuant to the FAA.  Court rejected respondents’ arguments that there was no enforceable arbitration agreement between the parties and that the dispute fell outside the scope of the arbitration clause.  Court stayed all litigation in the lawsuit pending arbitration.

• Roblox Corp. v. Wowwee Group Limited, No. 22-CV-04476-SI (N.D. Cal. Mar. 9, 2023)

  03/09/2023

  Court denied defendant’s motion to compel arbitration against non-US residents where the arbitration agreement clearly set out that it was only applicable to US residents.  Court compelled arbitration for the US residents, finding the overall action seeks non-injunctive relief and therefore the injunctive relief exception under the contract was not applicable. 

• Shansby v. Edrington, USA, Inc., No. 22-CV-06907-JSC (N.D. Cal. Mar. 9, 2023)

  03/09/2023

  Court granted defendant’s motion to compel arbitration finding first that the incorporation of JAMS rules of arbitration into the parties’ arbitration agreement empowered the arbitrator to decide arbitrability and second that plaintiff’s argument that there was no good faith basis that the arbitration agreement governed the parties’ dispute was without merit. 

• Ipsen Biopharm Ltd. v. Galderma Labortories, L.P., No. 4:22-CV_00662-O (N.D. Tex. Mar. 8, 2023)

  03/08/2023

  Court granted motion to dismiss on forum non conveniens grounds, finding principles of forum non conveniens is the appropriate way to enforce a forum-selection clause included in an arbitration agreement and subject to the New York Convention.

• AALFS Family Partnership v. GSL Holdings, SA de CV, No. 22-2568 (8th Cir. 2023)

  03/06/2023

  Court affirmed the district court’s decision to confirm an arbitration award, having found no evidence of impartiality or misconduct by the arbitrator in refusing to hear evidence material to the controversy. 

• Mrinalini, Inc. v. Valentino S.p.A., No. 22-CV-02453-MKV (S.D.N.Y. Mar. 1, 2023)

  03/01/2023

  Court denied plaintiff’s motion to enjoin the arbitration pending in Italy, concluding that the parties’ arbitration agreement clearly and unmistakably assigned the issue of arbitrability to the arbitrator.  For the same reason, court granted defendant’s motion seeking to compel arbitration and stay the case pending arbitration pursuant to the FAA.

• Hawthorne Industrial Products Inc. v. M/V Tac Imola, No. 22-CV-01376-RDB (D. Md. Feb. 16, 2023) 

  02/16/2023

  Court denied without prejudice defendants’ motion to stay litigation in favor of arbitration pursuant to the FAA.  Court found it inequitable to bind plaintiff to an arbitration clause in the booking note, because defendants did not prove it was validly incorporated into the bills of lading.  Court concluded that the question of the arbitration clause’s applicability could be addressed again after the conclusion of discovery.

• Nextera Energy Global Holdings B.V. v. Kingdom of Spain, No. 19-CV-01618-TSC (D.D.C. Feb. 15, 2023)

  02/15/2023

  Court denied defendant’s motion to dismiss finding it has jurisdiction under the FSIA and granted plaintiff’s preliminary injunction, finding the express and primary purpose of a pending action in the Netherlands was to terminate the present action to confirm a foreign arbitral award. 

• Doraleh Container Terminal SA v. Republic of Djibouti, No. 20-02571-TFH (D.D.C. Feb. 15, 2023)

  02/15/2023

  Court confirmed two arbitration awards, rejecting defendant’s argument that a court only has subject matter jurisdiction under 9 USC § 207 if the petition is made by a “party to the arbitration” and finding no basis to deny confirmation under the New York Convention. 

• 9REN Holding S.A.R.L. v. Kingdom of Spain, No. 19-CV-018-71-TSC (D.D.C. Feb. 15, 2023)

  02/15/2023

  Court granted a preliminary injunction enjoining defendant from seeking relief in a pending Luxembourg action, finding the express and primary purpose of the Luxembourg action was to terminate the present action to confirm a foreign arbitral award. 

• Phoenix East II Association, Inc. v. Certain Underwriters at Llyod’s, No. 22-00436-CG-N (S.D. Ala. Feb. 13, 2023)

  02/13/2023

  Court granted motion to compel arbitration finding the arbitration agreement which provided for the application of New York law did not conflict with an Alabama state law that held all insurance contracts executed within the state be governed by Alabama law.

• La Dolce Vita Fine Dining Co. Ltd. v. Zhang Lan, No. 21-CV-3071-LAK (S.D.N.Y. Feb. 10, 2023)

  02/10/2023

  Court confirmed an arbitral award against defendant, finding defendant’s procedural arguments unpersuasive and further finding there was no ground to dismiss on the basis of Article 5 of the New York Convention.  Court adopted the position of the arbitral panel and the Beijing court that the appointment of arbitrators was proper where the failure to comply with the parties’ agreement was due to defendant’s bad faith.

• High Hope Zhongtian Corporation v. Sunbird USA Inc, No. 22-CV-07569-PKC (S.D.N.Y. Feb. 9, 2023) 

  02/09/2023

  Court granted petition to confirm arbitral award, finding that (i) the arbitration proceedings fully accorded with the NY Convention; (ii) the arbitral award did not violate public policy; and (iii) there was no other defense to enforcement appearing on the face of the record.

• Silent Gliss Inc. v. Silent Gliss International Ltd., No. 22-CV-00522-EK-MMH (E.D.N.Y. Feb 9, 2023)

  05/18/2023

  Court granted motion to compel arbitration, finding that (i) plaintiff failed to allege and substantiate that it was fraudulently induced to enter into agreement to arbitrate; (ii) the parties agreed to arbitrate questions of arbitrability; (iii) defendants did not waive their right to pursue arbitration, and (iv) plaintiff could arbitrate claim against defendants that did not sign the agreement to arbitrate.  Court denied motion to dismiss the case, noting that it will retain jurisdiction and stay the proceedings pending resolution of the arbitration.

• Hebei Mighty Synthetic Rubber and Plastic Co. Ltd. v. Global Syn-Turf, Inc., No. 21-CV-10674-PAE (S.D.N.Y. Feb 8, 2023)

  02/08/2023

  Court granted motion to confirm arbitral award, treating motion as one for summary judgment.  Court found that (i) petitioner showed that there was no material issue of fact in dispute; (ii) arbitrator acted within the scope of the authority granted by the parties; and (iii) there was more than a colorable justification for the outcome reached.

• Heimburger S.A.S. v. Brands Within Reach LLC, No. 22-CV-06194-JLR (S.D.N.Y. Feb. 6, 2023)

  02/06/2023

  Court granted motion to confirm arbitral award, treating motion as one for summary judgment.  Court found that (i) there was no genuine issue of material fact in dispute precluding summary judgment for petitioner; and (ii) there was more than a colorable justification for the arbitrator’s award.

• In Re Application of Alpene Ltd., No. 21-MC-02547-MKB-RML (E.D.N.Y. Feb. 3, 2022)

  02/03/2023

  Court stayed motion to vacate order granting discovery in aid of foreign proceeding pursuant to 28 USC. § 1782 pending Supreme Court’s decision on whether arbitrations conducted pursuant to bilateral investment treaties qualify as international tribunals under 28 USC. § 1782.

• Zhongshan Fucheng Industrial Investment Co., Ltd. v. Federal Republic of Nigeria, No. 1:22-CV-00170-BAH (D.D.C. Jan. 26, 2023)

  01/26/2023

  Court denied Nigeria’s motion to dismiss rejecting its novel argument that bilateral investment treaties between state actors were inherently non-commercial.

• Sikousis Legacy Inc. v. B-Gas Limited, No. 3:22-CV-03273-CRB (N.D. Cal. Jan. 19, 2023)

  01/19/2023

  Court denied attachment of property to satisfy plaintiffs’ $7.5 million arbitration award against defendants where plaintiffs failed to demonstrate that the property’s owner was an alter ego against whom judgment could be collected and where plaintiffs failed to demonstrate veil piercing was appropriate to recover the debt.

• Academy of the Sacred Heart of New Orleans v. Certain Underwriters at Lloyd’s London, No. 22-CV-04401-LMA-DPC (E.D. La. Jan. 18, 2023)

  01/18/2023

  Court granted motion to compel arbitration, finding that the arbitration agreement between the parties was valid and enforceable.  Court also found that equitable estoppel applied, and that plaintiff must arbitrate its claims against all the defendants, domestic and international.

• Kronlage Family Limited Partnership v. Independent Specialty Insurance Co., No. 22-CV-01013-NJB-MBN (E.D. La. Jan. 18, 2023)

  01/18/2023

  Court granted motion to compel arbitration, finding that there was a valid agreement to arbitrate plaintiff’s claims and that application of equitable estoppel was warranted.  Court also granted motion to stay litigation pending arbitration rather than dismissing plaintiff’s claims because defendants did not explain why dismissal was warranted.

• Telecom Business Solution, LLC v. Terra Towers Corp., No. 22-CV_1761-LAK (S.D.N.Y Jan. 18, 2023)

  01/18/2023

  Court denied respondents motion to vacate an arbitration award where respondents could not show the tribunal acted in a manifest disregard for the law when applying New York specific performance law; nor did respondents prove that the arbitrators acted with impartiality to vacate the award.

• Smarter Tools Inc. v. Chongqing Senci Import  Export Trade Co. Ltd., No. 21-00724 (2nd. Cir. Jan. 17, 2023)

  01/17/2023

  Court of Appeals affirmed order denying petition to vacate an arbitral award and granting cross petition to confirm such award, finding that the district court did not err in (i) remanding for the arbitrator to issue a reasoned award and (ii) not concluding that the arbitrator acted in manifest disregard of the law.

• CBF Indústria de Gusa S.A. v. Amci Holdings, Inc., No. 13-CV-02581-PKC-JLC (S.D.N.Y. Jan. 13, 2023)

  01/13/2023

  Court denied defendants’ motion for summary judgment to dismiss petitioner’s claim for enforcement of the arbitral award under the New York Convention.  Court found defendants did not establish a grounds for refusing enforcement of the award, as the respondent in the arbitration was not under an incapacity or otherwise unable to present a case and was not deprived of proper notice, and determined that a reasonable jury could conclude defendants are alter egos of the respondent in the arbitration.

• Compania De Inversiones v. Grupo Cementos de Chihuahua, No. 21-01196 (10th Cir. Jan 10, 2023)

  01/10/2023

  Court of appeals affirmed denial of motion to vacate order confirming arbitral award finding, among other things, that (i) district court did not abuse its discretion by refusing to vacate its confirmation judgment as US public policy concerns about enforcing Bolivian court orders outweighed comity to those orders; and (ii) defendant’s conduct supported denial of relief under New York Convention Rule 60(b)(5). In addition, Court of appeals affirmed order requiring defendant to turn over assets located in Mexico to satisfy arbitral award, finding that the district court did not err in (i) applying Colorado Rule 69(g) to defendants’ assets held by related third parties abroad; (ii) concluding that the order did not implicate the presumption against extraterritoriality; and (iii) finding that the order did not violate principles of comity.

• Companía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua S.A.B. de C.V., No. 21-1196 (10th Cir. Jan. 10, 2023)

  04/17/2023

  Court of appeals found that district court did not abuse its discretion in refusing to vacate the confirmation of an $36 million foreign arbitration award under Fed. R. Civ. P. 60(b)(5) even though the Bolivian courts annulled the award.  Court of appeals affirmed district court’s order for respondent to turn over assets located in Mexico to satisfy the award under Colorado Rule of Civil Procedure 69(g), finding the order did not violate the principles of extraterritoriality and international comity.

• 419 Carondelet, LLC v. Certain Underwriters at Lloyd’s, London, No. 22-CV-04311-WMV-DPC (E.D. La. Jan. 10, 2023)

  04/13/2023

  Court granted defendants’ motion to reconsider denial of defendants’ motion to compel arbitration in order to prevent manifest injustice.  Court found that although Louisiana law ordinarily prohibits enforcement of arbitration clauses concerning insurance disputes, the Fifth Circuit has held that the New York Convention supersedes state law.  Court determined that the requirements of the New York Convention were met and therefore, it was required to grant defendants’ motion to compel arbitration.

• Estate of Ke Zhengguang v. Stephany, No. 20-CV-02260-PX (D. Md. Jan. 9, 2023)

  01/09/2023

  Court entered a final judgment awarding all amounts in two foreign arbitration awards, which were enforced under the New York Convention.  Applying the “breach day rule,” court used the date of the award to calculate the exchange rate for pre-award interest and attorneys’ fees and costs.  Court declined to award interest for the period between the arbitration award and the final judgment, because the award was silent on the point and the tribunal declined to expressly include prejudgment interest when the petitioner requested clarification post-award.

• APG Worldwide Ltd v. Passfeed Inc., No. 1:22-CV-03078-MKV (S.D.N.Y. Dec. 29, 2022)

  12/29/2022

  Court granted motions to compel arbitration and to stay litigation action pending arbitration, finding there was no genuine dispute between the parties regarding either motion.