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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RREEF Infrastructure (G.P.) Limited v. Kingdom of Spain, No. 1:19-CV-03783-CJN (D.D.C. March 31, 2021)03/31/2021
Court granted motion to stay the application to recognize and enforce an ICSID arbitral award, pending ICSID’s ruling on the Kingdom of Spain’s annulment application.
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Maine Community Health Options v. Albertsons Companies, Inc., No. 20-35931 (9th Cir. March 31, 2021)03/31/2021
Court of appeals reversed district court’s order dismissing action for enforcement of a third-party subpoena issued by arbitrators for want of subject matter jurisdiction and remanded for further proceedings, finding that the alleged subpoenaed information would likely impact more than $75,000 of petitioner’s claims in the arbitration.
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Xi’an Television Copyright Exchange Center Co., Ltd. v. Dong, No. 2:20-08412-RGK-JC (C.D. Cal. Mar. 29, 2021)03/29/2021
Court denied petitioner’s motion to confirm foreign arbitration award under the New York Convention, because petitioner failed to submit an original or certified copy of the agreement containing the arbitration clause and failed to provide respondent with proper notice of the arbitral proceeding. Court declined to address respondent’s argument that the award had not yet become binding on the parties, because it is under appeal in China.
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China Fortune Land Development v. 1955 Capital Fund I GP, LLC., No. 20-15269 (9th Cir. Mar. 26, 2021)03/26/2021
Court affirmed district court’s order confirming an arbitration award finding that the award was neither completely irrational nor did it exhibit a manifest disregard of the law, and that the arbitrator did not exceed the scope of his authority.
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Northtrop and Johnson Yachts-Ships, Inc. v. Royal Van Lent Skipyard, B.V., No. 20-13442 (11th Cir. March 26, 2021)03/26/2021
Court of appeals affirmed district court’s order compelling arbitration under the New York Convention, finding plaintiff agreed in writing to arbitrate its claims. Court of appeals found the reference in the parties’ agreement to a specified commission for the construction of a second yacht was sufficient to bind the parties to the arbitration clause and that the tort and contract claims fell within the broad scope of the arbitration agreement.
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Mazlin Trading Corp. v. WJ Holding Ltd., No. 1:19-CV-07652-LTS (S.D.N.Y. March 26, 2021)03/26/2021
Court granted respondents’ motion to dismiss petition for confirmation of two LCIA awards pursuant to Federal Rule of Civil Procedure 12(b)(1) by abstaining from exercising subject matter jurisdiction, because the action was parallel to two pending state court actions and further declined to exercise supplemental jurisdiction over petitioners’ remaining state law claims.
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Leonard A. Sacks & Associates, P.C. v. International Monetary Fund, No. 1:20-CV-02266-TJK (D.D.C. March 26, 2021)03/26/2021
Court granted motion to dismiss lawsuit seeking to modify an arbitration award for lack of subject-matter jurisdiction, finding the International Monetary Fund was immune from suit and had not waived immunity by incorporating the AAA rules in the contract, because the parties’ contract specifically affirmed that submission of a dispute to arbitration did not waive immunity.
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China Fortune Land Development v. 1955 Capital Fund I GP LLC, No. 20-15269 (9th Cir. March 26, 2021)03/26/2021
Court of appeals affirmed district court’s order confirming arbitration award pursuant to the FAA, finding that the arbitrators did not exceed their powers and that the award did not exhibit manifest disregard of the law.
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Brito v. Major Energy Electric Services LLC, No. 20-CV-00230-ELJ (D. Md. March 18, 2021)03/18/2021
Court dismissed a suit finding plaintiff agreed to arbitrate. Court found plaintiff agreed to be bound by an arbitration agreement by consenting to a contract through her silence.
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Spector v. Barclays Bank Delaware, No. 20-CV-24300-UU (S.D. Fla. Feb. 16, 2021)02/16/2021
Court granted motion to compel arbitration and stay action. Court found that the agreement between the parties contained an express arbitration provision and that defendant had not waived its right to arbitrate despite some substantive participation in litigation.
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Tarek A. Fouad v. The State of Qatar, No. 20-55531 (9th Cir. Feb. 16, 2021)02/16/2021
Court of appeals affirmed district court’s dismissal of complaint for forum non conveniens, finding that the relevant forum selection clause was enforceable and that plaintiff waived its ability to contest the district court’s order denying its motion to compel arbitration and ruling on the arbitrability of the dispute.
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Axiall Canada Inc. v. MECS Inc., No. 20-CV-01535-JDC-KK (W.D. La. Feb. 5, 2021)02/05/2021
Court denied motion to dismiss and compel arbitration in a contract dispute. Court found that the arbitration clause did not become part of the parties’ agreement and that therefore the court had no grounds to stay or dismiss the matter or compel arbitration.
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Caillet v. Newman, No. 3:19-CV-00515-JWD-RLB (M.D. La. Feb. 5, 2021)02/05/2021
Court denied plaintiff’s petition to vacate arbitration award. Plaintiff argued that its award should be vacated because it was unable to attend because of a medical emergency. Court found that plaintiff had failed to meet burden of establishing any prejudice to her rights.
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Cognac Ferrand S.A.S. v. Mystique Brands LLC, No. 20-CV-05933-PAE (S.D.N.Y. January 7, 2021)01/07/2021
Court denied Cognac Ferrand’s application for a temporary restraining order preventing Mystique Brands from moving forward with its enforcement of an arbitral award in France. Court found no serious question going to the merits necessary to support a temporary restraining order noting that review of an arbitral award is severely limited, and Ferrand did not provide evidence that would support vacatur of the award.
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Quamina v. U.S. Bank National Association, No. 20-CV-61637-RAR (S.D. Fla. Dec. 23, 2020)12/23/2020
Court denied petitioner’s motion to confirm an arbitration award and dismissed the action with prejudice. Petitioner argued that a written agreement containing an arbitration award which respondents “refused to answer or purposely ignored” became a binding contract that led to a final arbitration award by petitioner’s “tacit acceptance.” Court found that respondents had met their burden of proving that petitioner’s arbitration award was procured by fraud and must be vacated.
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Berk v. Coinbase, Inc., No. 19-16594 (9th Cir. Dec. 23, 2020)12/23/2020
Court of appeals reversed district court’s dismissal of defendant’s motion to compel arbitration. Court found that even though plaintiffs framed their claim as one for negligence sounding in tort, the claim related to the interpretation and performance of defendant’s user agreement and was therefore subject to the arbitration clause contained within it.
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Inga v. Nature’s Bounty Company, No. 20-CV-81513-WM (S.D. Fla. Dec. 7, 2020)12/07/2020
Court granted motion to compel arbitration with regard to one defendant and stayed proceedings regarding the other. Court considered timing and found that the alternative, arbitrating after the expenditure of significant judicial resources litigating, would be inefficient.
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Newterra, Inc. v. Foley Cellulose LLC, No. 4:20-CV-00077-WS-MAF (N.D. Fla. Dec. 1, 2020)12/01/2020
Court denied third-party defendant’s motion to compel arbitration. Court found that it did not have the authority to compel the foreign arbitration because it was not governed by the New York Convention. The arbitration agreement was between two US citizens and the parties’ commercial relationship did not have a reasonable relation with one or more foreign states.
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Hulley Enterprises Ltd. v. the Russian Federation, No. 1:14-CV-01996-BAH (D.D.C. Nov. 20, 2020)11/20/2020
Court granted defendant’s motion to impose a second stay of the enforcement proceedings for three arbitration awards rendered under the Energy Charter Treaty against the Russian Federation pending resolution of set-aside proceedings in the Dutch Supreme Court, finding judicial economy, the balance of hardships and international comity favored a stay. Court denied plaintiffs’ request that defendant be required to post a security of US$ 7,000,000,000.
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Keystone Food Holdings Ltd. v. Tyson Foods, Inc., No. 1:19-CV-03888-ALC (S.D.N.Y. Sept. 30, 2020)09/30/2020
Court granted defendant’s motion to compel arbitration and to stay proceedings in a contract dispute. Court found that the disputes at issue were purchase price disputes as opposed to alleged breaches of representations and warranties and were therefore within the scope of the arbitration clause.
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Kwik Ticket Inc. v. Spiewak, No. 1:20-CV-01201-FB-SJB (E.D.N.Y. Sept. 23, 2020)09/23/2020
Court denied defendants’ motion for a preliminary injunction to stay litigation pending court’s ruling on motion to compel arbitration and to stay magistrate judge’s order requiring the parties to participate in a settlement conference and initiate discovery. Court found defendants did not show irreparable harm or a likelihood of success on the merits of the motion to compel arbitration.
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Servotronics, Inc. v. Rolls-Royce PLC and The Boeing Company, No. 19-1847 (7th Cir. Sept. 22, 2020)09/22/2020
Court of appeals affirmed the district court’s decision finding that 28 U.S.C. § 1782 does not authorize courts to compel discovery for use in private foreign arbitration. Court found that the Supreme Court’s decision in Intel did not authorize courts to provide discovery assistance in private foreign arbitrations and noted that interpreting § 1782 to include private foreign arbitral tribunals would conflict with the FAA.
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Herrington v. Waterstone Mortgage Corporation, No. 3:11-CV-00779-bbc (W.D. Wis. Sept. 22, 2020)09/22/2020
Court granted motion to confirm arbitration award pursuant to the FAA. Court rejected defendant’s arguments that the award should be vacated because the arbitrator retained jurisdiction over the proceedings after a remand from a vacated collective arbitration award, did not allow additional discovery, and considered evidence presented in the prior arbitral proceeding.
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Simpson v. Peloton Interactive, Inc., No. 1:20-CV-07630-VEC (S.D.N.Y. Sept. 22, 2020)09/22/2020
Court denied petitioner’s request to file under seal documents subject to a protective order issued by the AAA without prejudice to the parties explaining how the AAA opinion is not a “judicial document.” In the alternative, Court directed that if particular aspects of the opinion are legitimately confidential, the parties are to propose more narrow redactions.
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In re: Ex Parte Application of Axion Holding Cyprus Ltd. Pursuant to 28 U.S.C. § 1782 for Leave to Take Discovery for use in Foreign Proceedings, No. 1:20-MC-00290-MN (D. Del. Sept. 18, 2020)09/18/2020
Court denied petitioner’s ex parte application for leave to take discovery for use in two private LCIA arbitrations pursuant to 28 U.S.C. § 1782. Court found that although the Third Circuit has not determined whether private commercial arbitrations are “tribunals” within the meaning of the statute, it agreed with the recent district court cases holding that private commercial arbitrations are not “tribunals.” Court rejected petitioner’s argument that the LCIA acts with the authority of the state because the tribunals are governed by the U.K. Arbitration Act of 1996 and the parties may seek judicial review.
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Goobich v. Excelligence Learning Corporation, No. 5:19-CV-06771-EJD (N.D. Cal. Sept. 18, 2020)09/18/2020
Court granted motion to stay proceedings pending arbitration pursuant to 9 U.S.C. § 3, finding that defendant had not breached the arbitration agreement by refusing to pay the disproportionate filing fee and did not waive the right to compel arbitration by participating in the litigation.
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Sanders v. Allenbrooke Nursing and Rehabilitation Center, LLC, No. 2:20-CV-02001-SHM (W.D. Tenn. Sept. 17, 2020)09/17/2020
Court denied defendants’ motion to compel arbitration of wrongful death claims. Court held that no arbitration agreement had been formed in circumstances where the agreement was signed by a healthcare surrogate before the party on whose behalf the agreement was signed had been determined to lack capacity.
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Cianchetta v. BMW of North America, LLC, No. 2:20-CV-00241-KJM (E.D. Cal. Sept. 17, 2020)09/17/2020
Court denied defendants’ motion to compel arbitration of claims alleging violations of consumer protection laws. Court held that plaintiff’s claims against non-signatory defendant were not arbitrable under the terms of the arbitration agreement.
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Tyler v. Uber Technologies, Inc., No. 1:19-CV-03492-ABJ (D.D.C. Sept. 17, 2020)09/17/2020
Court granted defendants’ motion to compel arbitration of employment-related claims. Court rejected plaintiff’s contention that its claims were exempted by the FAA on the basis that it was a transportation worker.
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Diverse Enterprises, Limited Company, L.L.C. v. Beyond International, Incorporated, No. 19-CV-51121 (5th Cir. Sept. 17, 2020)09/17/2020
Court of appeal affirmed district court order confirming arbitration award relating to a distribution agreement. Court of appeal held that the arbitrators did not exceed their powers in awarding attorneys’ fees.
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Gherardi v. Citigroup Global Markets Inc., No. 18-CV-13181 (11th Cir. Sept. 17, 2020)09/17/2020
Court of appeal reversed district court order vacating arbitration award relating to an employment dispute. Court of appeal held that the parties agreed to arbitrate all disputes relating to appellant’s employment and that the arbitrators did not exceed their powers.
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Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. 2:18-CV-01360-TSZ (W.D. Wash. Sept. 17, 2020)09/17/2020
Court granted motion to lift stay, finding that under the Europcar factors the stay was no longer warranted, particularly considering the protracted nature of the proceedings to set-aside the arbitration award in India. Court granted oral argument on motion to confirm arbitration award under the New York Convention.
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International Brotherhood of Electrical Workers, Local 1393 v. Carroll White Rural Electric Membership Corporation, No. 1:20-CV-1689-JMS (S.D. Ind. Sept. 16, 2020)09/16/2020
Court granted petition to compel arbitration of claims arising under a collective bargaining agreement. Court held that the terms of the collective bargaining agreement were wide enough to encompass the claims at issue.
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Hermès of Paris, Inc. v. Swain, No. 1:16-CV-06255-CM (S.D.N.Y. Sept. 16, 2020)09/16/2020
Court granted plaintiff’s petition to confirm arbitration award relating to employment claims. Court held that the arbitrator did not exceed its powers by deciding that defendant’s claims were time-barred.
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Grantham v. TA Operating, LLC, No. 1:20-CV-01108-RMB (D. N.J. Sept. 16, 2020)09/16/2020
Court granted defendants’ motion to compel arbitration of claims brought under the Family Medical Leave Act and the New Jersey Law Against Discrimination. Court rejected plaintiff’s argument that the arbitration agreement was void as against the public policy of New Jersey.
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Fedor v. United Healthcare, Inc., No. 19-CV-2066 (10th Cir. Sept. 16, 2020)09/16/2020
Court of appeal vacated district court order granting motion to compel arbitration of claims alleging violations of the Fair Labor Standards Act and New Mexico’s wage law. Court of appeal held that the district court erred by failing to first determine whether an agreement to
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Convergen Energy LLC v. Brooks, No. 1:20-CV-03746-LJL (S.D.N.Y. Sept. 16, 2020)09/16/2020
Court granted defendants’ motion to compel arbitration of claims relating to the sale of a power plant. Court rejected plaintiff’s argument that the contract containing the arbitration agreement was not concluded because plaintiff’s signatory did not have authority to bind it. Court also rejected plaintiff’s argument that the forum selection clause in another agreement between the parties controlled the subject matter of the dispute. Court held that the claims at issue fell within the scope of the arbitration agreement.
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USA Volleyball v. Tatham, No. 1:17-CV-03162-MEH (D. Colo. Sept. 15, 2020)09/15/2020
Court granted plaintiff’s motion for order confirming arbitration award relating to trademark infringement claims. Court rejected defendants’ allegation that the arbitrator engaged in misconduct by refusing to hear relevant evidence.
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Johnson v. Westlake Portfolio Management, LLC, No. 8:20-CV-00749-SCB (M.D. Fla. Sept. 15, 2020)09/15/2020
Court denied defendant’s motion to compel arbitration of consumer debt claims. Court held that plaintiff, who was a non-signatory to the arbitration agreement, was not equitably estopped from avoiding the arbitration agreement because its claims fell outside the contract containing the arbitration agreement.
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Clayco Construction Co., Inc. v. Miles Construction Group, Inc., No. 4:20-MC-00524-HEA (E.D. Mo. Sept. 15, 2020)09/15/2020
Court granted plaintiff’s motion to confirm arbitration award relating to construction subcontracts. Court found that plaintiff failed to cite any grounds under the FAA to vacate the award.
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Cheatham v. Virginia College, LLC, No. 1:19-CV-04481-SDG (N.D. Ga. Sept. 15, 2020)09/15/2020
Court grated defendants’ motion to compel arbitration of claims brought by students against a private college. Court held that the parties delegated the question of arbitrability to the arbitrator.
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Arnaud v. Doctor’s Associates, Inc., No. 19-CV-3057 (2d Cir. Sept. 15, 2020)09/15/2020
Court of appeal affirmed district court order denying motion to compel arbitration of claims alleging violations of the Telephone Consumer Protection Act. Court of appeal held that no arbitration agreement existed between the parties because the terms and conditions of the alleged agreement were not reasonably clear and conspicuous on the online form relied upon by defendant-appellant.
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United Government Security Officers of America International Union v. G4S Regulated Security Solutions, No. 1:19-CV-10373-ADB (D. Mass. Sept. 14, 2020)09/14/2020
Court granted plaintiff’s motion to compel arbitration of overtime compensation claims brought under a collective bargaining agreement. Court held that the overtime claims fell with the scope of the collective bargaining agreement and the arbitration agreement contained in it.
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MZM Construction Company, Inc. v. New Jersey Building Laborers Statewide Benefit Funds, No. 18-CV-03791 (3d Cir. Sept. 14, 2020)09/14/2020
Court of appeal affirmed district court order enjoining arbitration of employee benefits claims pending resolution of factual issues bearing upon whether fraud in the execution vitiated the formation or existence of the contract containing the arbitration provision. Court of appeal held that pursuant to 9 USC § 4, the validity of the arbitration agreement concerned questions about the “making of the agreement to arbitrate” and was therefore a matter for the courts to decide in the absence of the parties having clearly and unmistakably referred those issues to arbitration in a written contract whose formation was not in issue.
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Major League Baseball Properties, Inc. v. Corporacion de Television y Microonda Rafa, S.A., No. 1:19-CV-08669-MKV (S.D.N.Y. Sept. 14, 2020)09/14/2020
Court granted plaintiff’s motion for summary judgment confirming foreign arbitration award relating to a television rights dispute. Court rejected defendant’s argument that the tribunal was not properly constituted because the arbitrator selection process was flawed. Court also rejected defendant’s allegation that the arbitrator erred in awarding attorney’s fees in the final award.
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OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C., No. 19-CV-20002 (5th Cir. Sept. 14, 2020)09/14/2020
Court of appeal vacated district court order vacating arbitration award for “evident partiality” based on the arbitrator’s failure to disclose connections with certain non-parties to the dispute. Court of appeal held that the circumstances fell short of a “concrete, not speculative” showing of a significant, compromising connection to the parties required for vacatur.
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Kingsbury Capital, Inc. v. Kappel, No. 1:20-CV-00800 (N.D. Ill. Sept. 14, 2020)09/14/2020
Court denied plaintiff’s petition to vacate arbitration award relating to employee compensation claims. Court rejected plaintiff’s allegations that the arbitral tribunal showed partiality toward defendant, exceeded its authority, rendered an award in the absence of an arbitration agreement, and violated public policy.
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Carillo v. ROICOM USA, LLC, No. 3:20-CV-00147-ATB (W.D. Tex. Sept. 14, 2020)09/14/2020
Court denied defendant’s motion to compel arbitration of claims brought under the False Claims Act. Court held that the arbitration agreement was procedurally unconscionable because plaintiff, a Spanish speaker, was incapable of understanding the contents of the English-language agreement and because of misrepresentations by defendant regarding the arbitration agreement.
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Tetronics (International) Limited v. BlueOak Arkansas LLC, No. 4:20-CV-00530-SWW (E.D. Ark. Sept. 14, 2020)09/14/2020
Court denied defendant’s motion to stay proceedings and refuse recognition of foreign arbitration award. Court held that defendant’s appeal in France in relation to the award was not a sufficient reason to stay confirmation proceedings and that the discretionary factors for a stay were not met. Court also held that no grounds for non-recognition under Article V of the New York Convention applied.
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Allen v. Shutterlfy, Inc., No. 5:20-CV-02448-BLF (N.D. Cal. Sept. 14, 2020)09/14/2020
Court granted defendant’s motion to compel arbitration of fraud claims. Court held that the arbitration agreement delegated gateway questions of arbitrability to the arbitrator and that the plaintiff assented to the online arbitration agreement.