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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Morris CM Enterprises, LLC v. Wingstop Franchising, LLC, No. 2:19-CV-02306-KJM (E.D. Cal. Sept. 11, 2020)09/11/2020
Court granted defendant’s motion to stay the case pending arbitration of claims relating to franchise agreements. Court found that the parties had agreed to delegate to the arbitrators the issue of arbitrability, including the plaintiff’s allegation that the arbitration agreement was unconscionable.
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Yeomans v. World Financial Group Insurance Agency, Inc., No. 3:19-CV-00792-EMC (N.D. Cal. Sept. 11, 2020)09/11/2020
Court denied defendants’ motion to compel arbitration of employment-related claims. Court held that the arbitrability issue was governed by the FAA because the dispute affected interstate commerce. Court also held that four of the five plaintiffs were properly put on notice of the arbitration agreements in their employment contracts, but that one of the plaintiffs was not. Court found that the arbitration agreement was procedurally and substantively unconscionable.
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Caputo v. Wells Fargo Advisors, LLC, No. 3:19-CV-17204-FLW (D. N.J. Sept. 11, 2020)09/11/2020
Court denied petitioner’s motion to reconsider court’s order denying a motion to vacate an award rendered by a panel of FINRA arbitrators. Court rejected petitioner’s argument that the award conflicted with certain public policies against the forfeiture of earned wages.
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Mattos v. National Western Life Insurance Company, No. 1:20-CV-22887-DPG (S.D. Fla. Aug. 30, 2020)08/30/2020
Court granted defendant’s motion to compel arbitration, finding that the parties manifested a clear and unmistakable intent to arbitrate gateway issues of arbitrability when they provided a valid delegation clause. Court declined to address plaintiffs’ challenges to the arbitration agreement, finding that it was not appropriate where there was no challenge to the delegation provision specifically.
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McCoy v. The Buccaneer, Inc., No. 1:15-CV-00033-WAL-GWC (D.V.I. Aug. 28, 2020)08/28/2020
Court granted defendant’s motion to compel arbitration, finding that the arbitration provision was enforceable despite lacking a method for selecting the arbitrator or relevant rules governing the proceedings. Court found that absent certain terms, parties can rely on gap-filling provisions provided by the FAA.
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Westfall v. USAA Savings Bank, No. 2:19-CV-02093-GMN-DJA (D. Nev. Aug. 27, 2020)08/27/2020
Court granted defendant’s unopposed motions dismiss and to compel arbitration, finding that plaintiff agreed to the terms of the arbitration agreement after conducting his first transaction using defendant bank’s credit card. Court found that plaintiff’s failure to exhaust non-judicial remedies, including pursuing arbitration, made dismissal without prejudice appropriate.
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Manville v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union and Local Union No. 216M, No. 3:19-CV-00788-E (N.D. Tex. Aug. 26, 2020)08/26/2020
Court granted defendant’s motion to confirm an arbitration award and denied plaintiff’s motion to vacate the award, finding that the arbitrator did not exceed his authority by resolving ambiguities in an agreement. Court found that although the FAA does not provide for attorney’s fees to a successful party in an action to confirm an arbitration award, such fees may be provided if the counterparty’s reasons for challenging the award are without merit or justification.
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Kandavilli v. Gadiyaram, No. 1:19-CV-03306-ADC (D. Md. Aug. 26, 2020)08/26/2020
Court granted defendant’s motion to dismiss plaintiff’s remaining two claims after fifteen claims were submitted to arbitration, finding that there was not a sufficient amount in controversy when accounting for the claims compelled to arbitration.
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Hickerson v. Pool Corporation, No. 1:19-CV-02229-CMA-STV (D. Colo. Aug. 25, 2020)08/25/2020
Court granted defendant’s motion to compel arbitration, finding that the underlying arbitration provision was enforceable notwithstanding an absence of defendant’s signature when defendant manifested its intent to be bound by the provision.
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Ullrich v. Ullrich, No. 20-CV-23505 (S.D. Fla. Aug. 25, 2020)08/25/2020
Court denied plaintiff’s motion for preliminary injunctive relief in aid of an impending international arbitration, finding that the vague possibility that defendant would close on a transaction relevant to the arbitration was insufficient to allege that immediate and irreparable harm would occur absent injunctive relief.
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In re the Application of the Fund for Protection of Investor Rights in Foreign State Pursuant to 28 U.S.C. § 1782, No. 1::1199-MC-0000440011-AT (S.D.N.Y. Aug. 25, 2020)08/25/2020
Court granted petitioner’s application to seek discovery of third parties pursuant to 28 U.S.C. § 1782, finding that although private commercial arbitrations do not qualify as “foreign or international tribunals” under the statute, recent precedent suggests that arbitrations conducted pursuant to a bilateral investment treaty do qualify.
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Colonial Oaks Assisted Living Lafayette, LLC v. Hannie Development, Inc., No. 19-30995 (5th Cir. Aug. 25, 2020)08/25/2020
Court of appeals affirmed district court order finding that fraud claims were properly severed from the underlying arbitration and that non-fraud claims were properly dismissed as arbitrable, when the arbitration agreement exempted claims for fraud from its scope. Court found that non-fraud claims that were decided in the underlying arbitration could not be relitigated in the courts.
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Namisnak v. Uber Technologies, Inc., No. 18-15860 (9th Cir. Aug. 24, 2020)08/24/2020
Court of appeals affirmed district court order denying defendant’s motion to compel arbitration of federal statutory claims, finding that two plaintiffs did not download defendant’s mobile application or agreed to defendant’s terms and conditions. Court reasoned nonsignatory plaintiffs could not be equitably estopped from bringing federal statutory claims when those claims were not “dependent upon or inextricably intertwined with the obligations imposed by the contract containing the arbitration clause.”
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In re: Application of Atvos Agroindustrial Investimentos, S.A. Under 28 U.S.C. § 1782, No. 1:20 MC-00211-GBD-SDA (S.D.N.Y. Aug. 24, 2020)08/24/2020
Court granted in part respondents’ motion to quash subpoenas issued under petitioner’s motion to take discovery from third parties pursuant to 28 U.S.C. § 1782 in furtherance of arbitral and injunction proceedings, finding inter alia that petitioner was not entitled to take discovery for use in an arbitral proceeding as it was not “a foreign or international tribunal.”
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Goulart v. Edgewell Personal Care Company, No. 4:19-CV-02568-RLW (E.D. Mo. Aug. 24, 2020)08/24/2020
Court granted defendant’s motion to compel arbitration, finding that the parties’ incorporation of the JAMS rules evidenced an intent to arbitrate issues of arbitrability.
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Arkin v. DoorDash, Inc., No. 1:19-CV-04357-NGG-RER (E.D.N.Y. Aug. 24, 2020)08/24/2020
Court granted defendants’ motion to compel arbitration, finding that broad language regarding the scope of the arbitration agreement evidenced clear and unmistakable intent to arbitrate issues of arbitrability. Court found that plaintiff’s arguments concerning the validity of the arbitration agreement were subject to arbitration.
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Treasury Two Trust v. Teras Breakbulk Ocean Navigation Enterprise LLC, No. 1:20-CV-04089-GHW (S.D.N.Y. Aug. 24, 2020)08/24/2020
Court granted petitioner’s petition to confirm an arbitration award, finding that the arbitral panel acted within its authority when it decided the arbitration on the papers alone, according to the parties’ agreement. Court granted petitioners’ request for pre- and post-judgment interest finding nothing to rebut the Second Circuit’s presumption in favor of granting pre-judgment interest.
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Russo v. Trans Union, LLC, No. 2:19-CV-04007-GEKP (E.D. Pa. Aug. 24, 2020)08/24/2020
Court granted defendant’s motion to compel arbitration, finding that defendant did not waive its right to arbitrate when it waited eight months to file its motion to compel arbitration but did not engage in any non-merits motion practice. Court found that defendant’s invocation of the arbitration agreement in its answer weighed against a finding of waiver.
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KBFA Investment Group, Inc. v. FedEx Ground Package System, Inc., No. 19-51068 (5th Cir. Aug. 24, 2020)08/24/2020
Court of appeals affirmed district court order confirming arbitration award, finding that the arbitrator did not exceed his authority so long as the award was not so unfounded in reason that it could be considered an “infidelity to the obligation of an arbitrator.”
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ConocoPhillips Gulf of Paria B.V. v. Corporacion Venezolana del Petroleo, S.A., No. 1:19-CV-07304-LGS (S.D.N.Y. Aug. 13, 2020)08/13/2020
Court remanded action to arbitral tribunal to clarify whether the interest rate was simple or compound, finding the award was ambiguous and rejecting the parties’ arguments that court had the authority to modify the award under 9 U.S.C. § 11(c). Court also concluded petitioner did not waive its argument that a compound interest rate should be applied in the underlying arbitration. Court denied petitioners’ request for attorneys’ fees and costs and denied the request to stay execution of the judgment as moot.
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Boyles v. Langmore Capital, LLC, No. 1:20-CV-00545-CCE-LPA (M.D.N.C. Aug. 13, 2020)08/13/2020
Court ordered a trial to decide the motion to compel arbitration pursuant to § 4 of the FAA, finding there was a disputed question of material fact as to whether plaintiff signed the arbitration agreements.
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BLC Lexington SNF, LLC v. Craig., No. 5:19-CV-00376-REW-MAS (E.D. Ky. Aug. 13, 2020)08/13/2020
Court granted motion to compel arbitration and enjoin defendant from further pursuing its claims in state court, finding the arbitration clause was valid and all claims fell within its scope. Court rejected defendant’s argument for abstention, finding the FAA expresses a preference for federal litigation and the circumstances did not provide justification for court to surrender jurisdiction, and it stayed the action pending arbitration.
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Bay Shore Power Company v. Oxbow Energy Solutions, LLC, No. 20-3119 (6th Cir. Aug. 13, 2020)08/13/2020
Court of appeals reversed the district court’s judgment denying attorneys’ fees and remanded for an award of reasonable attorneys’ fees pursuant to the parties’ contract. Court of appeals found that there was no obstacle to the court allowing evidence on attorneys’ fees because the motion for attorneys’ fees was not a part of the proceeding confirming the arbitration award governed by the FAA, but rather was a separate contract action.
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Ma v. Gross, No. 2:20-CV-00081-RSM (W.D. Wash. Aug. 12, 2020)08/12/2020
Court granted plaintiff’s motion to compel arbitration and dismiss the action, finding that the language of the arbitration agreement clearly and unambiguously selected the AAA to serve as the administrator.
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Interactive Brokers LLC v. Saroop, No. 19-1077 (4th Cir. Aug. 12, 2020)08/12/2020
Court of appeals vacated district court’s judgment and remanded for confirmation of the modified arbitration award, finding the arbitrators did not manifestly disregard the law.
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Broome and Salsman v. American Family Life Assurance Company of Columbus, No. 1:19-CV-01967-MN (D. Del. Aug. 12, 2020)08/12/2020
Court granted defendants’ motion to dismiss the complaint for failure to meet the FAA’s statutory requirements for service of motion to vacate an arbitration award, finding defendants’ method of service was insufficient and untimely.
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Bautista v. Juul Labs Inc., No. 4:20-CV-01613-HSG (N.D. Cal. Aug. 12, 2020)08/12/2020
Court denied defendants’ motion to compel arbitration and stay the proceedings, finding the plaintiffs’ labor code claims did not fall within the scope of the arbitration agreement.
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Ely v. East Coast Restaurant and Night Clubs, LLC, No. 1:20-CV-00442-JD (D.N.H. Aug. 11, 2020)08/11/2020
Court granted motion to compel arbitration pursuant to the FAA, finding that the delegation provision meant the question of whether the arbitration agreement was valid and enforceable was for the arbitrator.
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Diversicare Leasing Corp. v. Robinson, No. 0:19-CV-00117-HRW (E.D. Ky. Aug. 11, 2020)08/11/2020
Court granted motion to compel arbitration pursuant to the FAA, finding the arbitration agreement was valid and enforceable and defendant’s claims fell within the scope of the agreement. Court granted motion to enjoin defendant from proceeding with a parallel action in state court.
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Born and Chauhan v. Progrexion Teleservices, Inc., No. 2:20-CV-00107-RJS-DAO (D. Utah Aug. 11, 2020)08/11/2020
Court granted defendant’s motion to compel arbitration pursuant to the FAA. Court found that the issue of waiver by litigation conduct was for the court to decide and that defendant had not waived its right to arbitrate. However, court concluded the parties clearly and unmistakably agreed to submit the issues of unconscionability and class arbitration to the arbitrator by incorporation of the AAA Rules in the arbitration agreement.
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Ballantine v. Dominican Republic, No. 1:19-CV-03598-TJK (D.D.C. Aug. 11, 2020)08/11/2020
Court denied plaintiffs’ motion to vacate arbitration award pursuant to the FAA, finding the motion was untimely as the notice of vacatur was not served within three months of delivery of the award and plaintiffs failed to complete service on defendant under the Foreign Sovereign Immunities Act until several weeks after the deadline lapsed.
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Phillips v. NCL Corporation Ltd., No. 19-12463 (11th Cir. Aug. 10, 2020)08/10/2020
Court of appeals affirmed district court’s grant of the motion to compel arbitration finding the claims fell within the scope of the arbitration agreement. Court of appeals found that the class action waiver in the arbitration agreement applied, so the district court did not err in dismissing the class allegations.
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First World Limited v. MIBC Holdings, LTD., No. 2:18-CV-01997-KJD-VCF (D. Nev. Aug. 10, 2020)08/10/2020
Court granted motion to compel arbitration, finding pursuant to the FAA that the arbitration agreement was valid and plaintiff’s pending claims fell within its scope. Court held that parties’ choice of ICC arbitration and the selection of Nevada substantive law did not render the arbitral provision ambiguous or impossible to enforce.
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Great American Insurance Company v. Johnson Controls, Inc., No. 1:20-CV-00096-DRC (S.D. Ohio Aug. 7, 2020)08/07/2020
Court granted motion to compel arbitration, finding that a valid arbitration clause existed because the bond incorporated the subcontract which contained the arbitration provision. Court held it did not need to determine the scope of the arbitration agreement or whether the dispute was arbitrable, because the incorporation of the AAA Construction Rules provided clear and unmistakable evidence of the parties delegation of the issue of arbitrability to the arbitrator.
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Carrone v. UnitedHealth Group Inc., No. 3:20-CV-05138-FLW (D.N.J. Aug. 6, 2020)08/06/2020
Court granted defendants’ motion to compel arbitration of employment discrimination claims. Court held that defendants presented clear and unmistakable evidence of an agreement to arbitrate gateway arbitrability issues.
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Bishop v. Boral Industries, Inc., No. 3:18-CV-02701-RTB (S.D. Cal. Aug. 6, 2020)08/06/2020
Court granted defendants’ motion to compel arbitration finding that a valid arbitration agreement existed and that it applied to plaintiffs’ claims.
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Convergen Energy LLC v. Brooks, No. 1:20-CV-03746-LJL (S.D.N.Y. Aug. 5, 2020)08/05/2020
Court denied plaintiff’s motion to stay arbitration of claims relating to the sale of a power plant. Court rejected plaintiffs’ argument the parties’ agreement was tainted by fraud and therefore rendered the arbitration agreement in it unenforceable. Court also rejected plaintiff’s argument that a stay of the arbitration was warranted in circumstances where the same issues were to be resolved in ongoing court litigation.
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A Grade Above Others, LLC v. BCVP2 Baileys Run, LLC, No. 0:20-CV-01727-JMC (D.S.C. Aug. 5, 2020)08/05/2020
Court granted defendants’ motion to compel arbitration of construction-related claims, holding that the parties’ contract clearly and unmistakably delegated the issue of arbitrability to the arbitrators.
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Wallace v. Grubhub Holdings, Inc., Nos. 19-1564 & 19-2156 (7th Cir. Aug. 4, 2020)08/04/2020
Court of appeals upheld district court orders granting defendants’ motions to compel arbitration of claims brought under the Fair Labor Standards Act. Court held that defendants’ employees were not transportation workers engaged in interstate commerce because they were not actually engaged in the movement of goods in interstate commerce.
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MBA Community Loans PLC v. Castellani, No. 3:20-CV-02359-MMC (N.D. Cal. Aug. 4, 2020)08/04/2020
Court granted plaintiff’s uncontested motion for order confirming a foreign arbitration award relating to a loan agreement. Court held that no grounds for non-recognition under Chapter 2 of the FAA applied.
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Hedges v. United Parcel Service of America, Inc., No. 1:20-CV-00870-BMC (E.D.N.Y. Aug. 4, 2020)08/04/2020
Court granted defendant’s motion to compel arbitration of claims alleging violations of the Fair Labor Standards Act. Court rejected plaintiffs’ argument that defendant lacked authority to enter into “unenforceable side agreements” with its employees that were said to conflict with their collective bargaining agreement.
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Sullivan v. Feldman, No. 4:20-CV-02236-LHR (S.D. Tex. Aug. 3, 2020)08/03/2020
Court granted defendant’s motion to compel arbitration of claims against law firm for breach of contract, breach of fiduciary duty, tort, legal malpractice, and breach of professional obligations. Court held that companies affiliated with plaintiffs could be compelled to arbitrate their claims because under terms of the parties’ agreement “affiliates” of plaintiff were bound by the arbitration agreement.
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Mannapova v. P.S.C. Community Services, Inc., 1:18-CV-04146-FB (E.D.N.Y. Aug. 3, 2020)08/03/2020
Court granted defendant’s motion to compel arbitration of wage claims brought under the Fair Labor Standards Act. Court held that the arbitration agreement in the collective bargaining agreement was mandatory based on a Second Circuit decision in a related case. Court rejected plaintiffs’ contention that the collective bargaining agreement was not binding on its members, that the arbitration agreement did not cover claims arising before the collective bargaining agreement took effect and that the arbitration agreement had expired.
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Juric v. Dick’s Sporting Goods, Inc., No. 2:20-CV-00651-MJH (W.D. Pa. Aug. 3, 2020)07/01/2016
Court granted defendant’s motion to compel arbitration of overtime compensation claims brought under the Fair Labor Standards Act. Court rejected plaintiffs’ allegation that they did not receive a copy of the arbitration agreement, which was provided electronically via human resources software. Court also rejected plaintiffs’ contention that the arbitration agreement was invalid because defendant did not sign it. Plaintiffs also sought to invalidate the arbitration agreement on grounds that defendant pressured them into signing it, which the court rejected.
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JE Dunn Construction Co. v. Owell Precast LLC, No. 4:20-CV-00158-BLW (D. Idaho Aug. 3, 2020)08/03/2020
Court granted plaintiff’s motion to compel arbitration of claims relating to construction contracts. Court rejected defendant’s argument that the arbitration agreement was invalid because plaintiff did not properly authenticate the contract for the purpose of entering it into the record. Court also rejected defendant’s argument that plaintiff was not a “party aggrieved” by defendant’s refusal to arbitrate.
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Meyer v. Kalanick, No. 1:15-CV-09796-JSR (S.D.N.Y. Aug 3, 2020)08/03/2020
Court denied plaintiff’s motion to vacate arbitration award relating to alleged violations of antitrust laws. Court rejected plaintiff’s contention that the arbitrator manifested “evident partiality” toward defendant.
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Dalla-Longa v. Magnetar Capital LLC, No. 1:19-CV-11246-LGS (S.D.N.Y. Aug. 3, 2020)08/03/2020
Court granted respondent’s motion to dismiss petition to vacate an arbitration award. Court held that petitioner failed to serve respondent with proper and timely notice of the petition as required by 9 USC § 12.
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Schafer v. Allied Interstate LLC, No. 1:17-CV-233-JTN (W.D. Mich. Aug. 2, 2020)08/02/2020
Court denied defendants’ motion to compel arbitration of claims brought under the Fair Debt Collection Practice Act. Court held that defendants waived their right to arbitration by filing pleadings and moving for summary judgment on the merits in court litigation.
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Vierican, LLC v. Midas International, LLC, 1:19-CV-00620-JAO (D. Haw. July 31, 2020)07/31/2020
Court denied defendant’s motion to compel arbitration of claims relating to franchise agreements. Court rejected plaintiff’s argument that the arbitration agreement was unconscionable and found that the dispute was arbitrable. Court nevertheless denied defendant’s motion to compel arbitration on the basis that it could not compel arbitration outside of its district (in this case Florida).
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Jin v. Parsons Corporation, No. 19-7019 (D.C. Cir. July 24, 2020)07/24/2020
Court of appeal reversed and remanded a district court opinion denying a motion to compel arbitration. Court held that when the existence of an arbitration agreement is in dispute the FAA requires the court to proceed to a limited trial on the question of whether an arbitration agreement exists.