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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Cipolla v. Team Enterprises, LLC, 3:18-CV-06867-WHA (9th Cir. June 24, 2020)06/24/2020
Court of appeals reversed district court order denying appellant’s motion to compel arbitration. Court held that the district court erred in denying appellant’s motion to compel without addressing the effect of the delegation clause in the parties’ contract under which any questions regarding the validity or enforcement of the contract’s dispute resolution provisions were to be delegated and submitted to the arbitrator.
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Ward v. Ernst & Young U.S. LLP, 1:19-CV-06667-JGK (S.D.N.Y. June 23, 2020)06/23/2020
Court granted defendant’s motion to compel arbitration of employment discrimination claims, which were the subject of an ongoing arbitration. Court held that plaintiff’s argument, pursuant to the “effective vindication” doctrine, that the arbitration agreement had been invalidated because of a ruling by the arbitral tribunal that ordered the parties split the fees and costs of the arbitration was a matter for the tribunal to decide.
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Martin v. NTT Data, Inc., 2:20-CV-00686-JCJ (E.D. Pa. June 23, 2020)06/23/2020
Court granted defendant’s petition to confirm an arbitration award and denied plaintiff’s petition to vacate the award in an employment discrimination dispute. Court refused to vacate the award based on plaintiff’s argument that the award was invalid on the grounds of evident partiality or corruption on the part of the arbitrator, misconduct in refusing to postpone hearings and in refusing to hear evidence pertinent and material to the dispute between the parties.
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American Institute for Foreign Study, Inc. v. Fernandez-Jimenez, 1:20-CV-10920-NMG (D. Mass. June 19, 2020)06/19/2020
Court denied granted, in part, plaintiffs’ motion for a preliminary injunction enjoining defendant from pursuing wage claims on a class basis in a AAA arbitration. Court held that the parties did not agree to arbitrate claims on a class basis in the arbitration agreement by virtue of the selection of AAA arbitration.
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Process and Industrial Development Limited v. Federal Republic of Nigeria, No. 18-7154 (D.C. Cir. June 19, 2020)06/19/2020
Court of appeals denied district court’s order requiring that a foreign sovereign, in its response to a petition to confirm an arbitral award against it, brief the merits before resolving a colorable assertion of immunity. Court of appeals found that the FAA imposed no such limitation and that the FSIA required a threshold immunity determination before a sovereign could be compelled to litigate merits.
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Process of Industrial Developments Limited v. Federal Republic of Nigeria, No. 18-07154 (D.C. Cir. June 19, 2020)06/19/2020
Court of appeals reversed and remanded lower court judgment ordering Nigeria to brief the merits of a petition to confirm arbitration while its foreign sovereign immunity defense was pending. Court found that because Nigeria’s immunity defense was colorable, the lower court impermissibly ordered Nigeria to brief the merits of the dispute.
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Scutt v. ALTRES Staffing Inc., No. 1:20-CV-00045-SOM-RT (D. Haw. June 18, 2020)06/18/2020
Court granted defendant’s motion to compel arbitration, finding that an arbitration provision was valid and not substantively unconscionable when the agreement contained a fee-shifting provision requiring plaintiff to bear costs of arbitration.
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Williams v. Conduent Human Services LLC, No. 3:19-CV-01061-DRL-MCG (N.D. Ind. June 17, 2020)06/17/2020
Court granted defendant’s motion to compel arbitration, finding that the parties intended arbitrate the issue of arbitrability when the arbitration agreement contained a delegation clause encompassing claims that any part of the underlying contract is void or voidable.
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Tenaris S.A. v. Bolivarian Republic of Venezuela, No. 1:18-CV-01372-CRC (D.D.C. June 17, 2020)06/17/2020
Court granted in part and denied in part petition to recognize and enforce an ICSID arbitration award against Venezuela. Court found that despite petitioners’ arguments regarding discussion of post-judgment interest in the award, the applicable rate of 9% compounded semi-annually from the date of the award is set by federal law and is mandatory. Court declined to award petitioners attorneys’ fees due to “the country’s dire political and economic situation.”
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Blanton v. Domino’s Pizza Franchising, LLC, No. 19-02388 (6th Cir. June 17, 2020)06/17/2020
Court of appeals affirmed district court’s ruling that the parties agreed to submit issues of arbitrability to an arbitrator. Court found that parties’ incorporation of the AAA Rules was clear and unmistakable evidence that the parties intended to arbitrate arbitrability – finding agreement among 11 out of 12 circuit courts of appeal.
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Hidalgo v. Amateur Athletic Union of the United States, Inc., 1:19-CV-10545-JGK (S.D.N.Y. June 16, 2020)06/16/2020
Court granted defendant’s motion to compel arbitration of claims relating to data breaches that allegedly resulted in financial losses, identity theft, and other injuries to plaintiff. Court held that plaintiff had reasonable notice of the web-based arbitration agreement, which was accessible via hyperlink. Court also held that the issue of arbitrability had been delegated to the arbitrator.
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Belton v. GE Capital Retail Bank, No. 19-648 (2d Cir. June 16, 2020)06/16/2020
Court of appeals affirmed district court’s order affirming decision of the bankruptcy court to deny appellant’s motion to compel arbitration. Court of appeals found that a dispute concerning the violation of a bankruptcy discharge order was not arbitrable. Although it considered the silence of the Bankruptcy Code and the legislative history, court of appeals concluded it was bound to follow the Second Circuit’s precedent which found an inherent conflict between the code and the FAA.
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Hidalgo v. Amateur Athletic Union of the United States, Inc., No. 1:19-CV-10545-JGK (S.D.N.Y. June 16, 2020)06/16/2020
Court granted defendant’s motion to compel arbitration, finding that plaintiff was on reasonable notice of the arbitration provision when completing an online application for membership in defendant’s organization which conditioned membership on assent to terms and conditions that contained an arbitration provision. Court found that the parties intended to have issues of arbitrability submitted to arbitration when the arbitration provision explicitly stated so.
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Ocean World Lines, Inc. v. Transocean Shipping Transportagentur GesmbH, No. 1-19-CV-00043-AT (S.D.N.Y. June 16, 2020)06/16/2020
Court granted petitioner’s petition to confirm an arbitration award, finding that no defense under the New York Convention was applicable nor was there any evidence of manifest disregard of the law.
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Prime Venture Corporation v. Fennix Global Holdings, Inc., No. 3:18-CV-01473-RAM (D.P.R. June 15, 2020)06/15/2020
Court denied defendant’s request for declaratory judgment to enforce an arbitration agreement in Florida when the agreement provided for arbitration in Panama or Puerto Rico. Court found that although a valid arbitration agreement existed and the parties’ dispute fell under the New York Convention, the court could not “rewrite the arbitration clause” and compel arbitration in a forum other than those enumerated in the arbitration agreement.
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Pestarino v. Ford Motor Company, No. 5:19-CV-07890-BLF (N.D. Cal. June 15, 2020)06/15/2020
Court denied defendant’s motion to compel arbitration, finding that a non-signatory defendant could not invoke the arbitration agreement based on an alleged agency relationship with a signatory party. Court found that doctrine of equitable estoppel could not be applied to allow a non-signatory to invoke an arbitration agreement against a signatory to that agreement.
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Burries v. Sea Island Company, No. 2:19-CV-00081-JRH-BWC (S.D. Ga. June 15, 2020)06/15/2020
Court granted defendant’s motion to dismiss and compel arbitration, finding that federal discrimination claims were arbitrable when such claims were specifically contemplated by an arbitration clause.
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Montgomery v. Bristol-Myers Squibb Co., No. 3:19-CV-19948-FLW-DEA (D.N.J. June 15, 2020)06/15/2020
Court granted defendant’s motion to compel arbitration, finding that a valid arbitration agreement existed and was not unconscionable when the contract was presented on a take-it-or-leave-it basis and could require plaintiff to pay defendant’s costs and fees. Court rejected plaintiff’s argument that providing arbitration as the only forum denied plaintiff an appropriate forum for her claims.
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Magee v. Francesca’s Holding Corp., No. #:17-00565-RBK-JS (D.N.J. June 15, 2020)06/15/2020
Court granted defendant’s motion to compel arbitration and denied plaintiff’s motion for partial summary judgment, finding that defendants did not waive the right to arbitration when engaging in non-merits motion practice, acquiescing to pretrial orders, and participating in discovery disputes.
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Cheng v. HSBC Bank USA, N.A., No. #:20-CV-01551-BMC (E.D.N.Y. June 15, 2020)06/15/2020
Court denied motion to compel arbitration, finding that claims relating to a contract not containing the relevant arbitration provision were not subject to arbitration. Court found that the arbitration clause was narrow when language in another portion of the contract set rules for judicial treatment other than arbitration.
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Millner v. Bock, No. 3:20-CV-01564 (N.D. Cal. June 11, 2020)06/11/2020
Court denied motion to vacate an arbitration award and confirmed the FINRA arbitration award. Court denied respondent’s arguments that the arbitration panel improperly denied a motion to postpone a hearing and that the panel gave the parties too little time to conduct discovery according to the FINRA rules. Court found that the panel had a reasonable basis to deny the motion to postpone because the respondent failed to identify materials it needed but did not have, and failed to meet and confer in good faith.
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Constellium Rolled Products Ravenswood, LLC v. United Steel International Union, No. 2:18-CV-01404 (S.D.W.V. June 11, 2020)06/11/2020
Court denied motion to vacate an arbitration award. Court denied petitioner’s arguments that the arbitrator manifestly disregarded the law by not applying the doctrines of res judicata and collateral estoppel because the record showed that the arbitrator considered both of these issues before rendering a decision.
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White v. WeWork Companies, Inc., No. 1:20-CV-01800-CM (S.D.N.Y. June 11, 2020)06/11/2020
Court granted plaintiff’s motion to compel arbitration. Court rejected plaintiff’s argument that her claims were not arbitrable under New York Law, finding that the FAA governs the question of arbitrability.
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Ruiz v. Millennium Square Residential Association, No. 1:19-CV-03765-TNM (D.D.C. June 11, 2020)06/11/2020
Court granted defendants’ motion to compel arbitration, finding that a non-signatory to an arbitration agreement could enforce an arbitration agreement based on the doctrine of estoppel because the claims against all defendants were intertwined with the claims against the defendant who was party to an arbitration agreement covering this dispute.
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Carman v. Signature Healthcare, LLC, No. 4:19-CV-00087-JHM (W.D. Ky. June 10, 2020)06/10/2020
Court granted defendant’s motion to compel arbitration, finding a valid arbitration agreement existed and that the agreement contained a delegation agreement. Court rejected plaintiff’s arguments that the agreement (1) violated the FAA’s effective vindication doctrine, (2) represented a mutual mistake, (3) was unconscionable, and (4) violated state law. Court found that none of the arguments specifically targeted the delegation provision and that they should be decided by the arbitrator. As to the state law arguments, court found these were pre-empted by the FAA.
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Hill v. Employee Resource Group, LLC, No. 18-2009 (4th Cir. June 9, 2020)06/09/2020
Court of appeals affirmed district court’s denial of a motion to compel the arbitration of a class action employment dispute. Court found that defendant failed to meet it’s burden of providing clear and convincing evidence of the existence of an arbitration agreement where the defendant was unable to produce the arbitration agreements in question. Court found that the result was the same under the four separate state law standards that were applicable to the class.
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Rechnitz v. Kutner, No. 1:20-CV-01607-KAM-VMS (E.D.N.Y. June 8, 2020)06/08/2020
Court granted petitioner’s motion to confirm an arbitration award related to a loan dispute, including an attachment in aid of arbitration and denied a motion to vacate. Court found no evidence in the record to vacate the award on any of the grounds permitted under the FAA. Court also denied the respondent’s argument that the arbitrator lacked authority to resolve certain disputes because the parties only agreed to arbitrate one dispute, finding that when parties agree to arbitrate a dispute there is a presumption that they agree to arbitrate their various live disputes.
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Denver Global Products v. Leon, No. 18-1853 (4th Cir. June 5, 2020)06/05/2020
Court of appeals affirmed district court decision granting a motion to compel and confirming an arbitration award pursuant to the New York Convention. Court rejected the appellant’s arguments that an award rendered in China was invalid because there was not a valid agreement to arbitrate, or because he was “unable to present his case” in China, finding that appellant never moved the arbitration panel to delay proceedings or allow him to participate remotely.
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Biller v. S-H OpCo Greenwich Bay Manor, LLC, No. 19-01865 (1st Cir. June 5, 2020)06/05/2020
Court of appeals reversed district court judgment denying arbitration, finding that although the underlying residency agreement expired, the arbitration agreement was severable and remained valid. Court found that it could determine the issue of arbitrability absent clear and unmistakable evidence that the parties intended to delegate the issue to an arbitrator. Court additionally found that the arbitration agreement was not unconscionable when it split arbitration costs between the parties and plaintiff had no opportunity to negotiate the terms of the agreement.
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Union Fenosa Gas, S.A. v. Arab Republic of Egypt, No. 1:18-CV-02395-JEB (D.D.C. June 4, 2020)06/04/2020
Court granted defendant’s motion to stay and set aside entry of default and denied plaintiff’s motion for default judgment of an ICSID Award under appeal, finding inter alia that: (1) the possibility that the award will be annulled was more than wishful thinking and (2) the balance of hardships favored defendant due to the burden it would face by having to attack the validity of the award in two forums.
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Rizvi v. BMW of North America LLC, No. 5:20-CV-00229-EJD (N.D. Cal. June 4, 2020)06/04/2020
Court granted defendant’s motion to compel arbitration finding that: (1) plaintiff assented to the arbitration provision contained in a lease agreement when he entered into a lease transfer agreement and (2) a third party beneficiary to the lease agreement was entitled to compel arbitration.
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Northrop Grumman Ship Systems, Inc. v. The Ministry of Defense of the Republic of Venezuela, No. 1:02-CV-00785-HSO-RHW (S.D. Miss. June 4, 2020)06/04/2020
Court granted plaintiff’s request for entry of final judgment on a confirmed arbitration award, finding that plaintiff was entitled to a judgment in the full amount of the award notwithstanding amounts already paid to plaintiff on behalf of defendant.
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Nicosia v. Amazon.com, Inc., No. 19-01833 (2d Cir. June 4, 2020)06/04/2020
Court of appeals affirmed district court judgment granting a motion to compel arbitration and dismiss the case. Court found that plaintiff was bound to the arbitration agreement when he was on inquiry notice of the agreement by making various purchases. Court found that plaintiff’s challenge of the validity of the contract was not a threshold issue of arbitrability, and thus should be considered by the arbitrator in the first instance.
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Goulart v. Edgewell Personal Care Co., No. 4:19-CV-02559-SEP (E.D. Mo. June 4, 2020)06/04/2020
Court granted defendants’ motion to compel arbitration finding that: (1) plaintiff assented to the arbitration agreement when making a purchase on defendants’ website and (2) the parties’ incorporation of the JAMS Rules indicated clear and unmistakable evidence that the parties intended to arbitrate the issue of arbitrability.
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Wang v. NYZ Management Services, LLC, No. 3:19-CV-00064-FDW-DSC (W.D.N.C. June 3, 2020)06/03/2020
Court granted in part and denied in part defendants’ motion to dismiss in favor of arbitration, finding that the presence of a clause permitting litigation in North Carolina state and federal courts did not preempt the application of a broad arbitration clause. Court stayed the proceedings pending the outcome of the arbitration.
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Action Industries, Inc. v. Innophos, Inc., No. 3:19-CV-00509-BAJ-RLB (M.D. La. June 3, 2020)06/03/2020
Court denied defendant’s motion to dismiss and granted defendant’s motion to compel arbitration, finding that a valid agreement to arbitrate existed upon accepting a purchase order incorporating by reference a company’s terms and conditions which contained an arbitration provision.
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Jordan v. Sugartree Homes Association of Louis County, No. 4:19-CV-02144-JAR (W.D. Mo. June 3, 2020)06/03/2020
Court granted defendants’ motion to dismiss, finding inter alia that plaintiffs’ claims were subject to arbitration. Court found that defendants did not waive their right to arbitrate when they did not file any motions other than the motion to dismiss, nor did they undertake any discovery. Consequently, court found that defendants acted consistently with the right to arbitrate.
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DSNR Media Group Ltd. v. Vdopia, Inc., No. 3:19-CV-07833-WHO (N.D. Cal. June 2, 2020)06/02/2020
Court granted defendants’ motion to dismiss finding that plaintiffs’ claims for provisional relief and pre-judgment attachment were arbitrable when specifically the arbitration agreement specifically granted the arbitrator the power to grant temporary and provisional relief.
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Teco Guatemala Holdings, LLC v. Republic of Guatemala, No. 1:17-CV-00102-RDM (D.D.C. June 2, 2020)06/02/2020
Court granted an order for petitioner execute US property of a foreign sovereign under Section 1610(c) of the Foreign Sovereign Immunities Act, finding that a period of six months after the court entered final judgment was sufficient to satisfy the requirement under Section 1610(c) that a “reasonable period of time” pass before execution can be issued.
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Lobster 207, LLC v. Pettegrow, No. 1:19-CV-00552-LEW (D. Me. June 1, 2020)06/01/2020
Court granted defendant’s motion to compel arbitration finding that plaintiff’s breach of contract claims fell within the scope of the arbitration agreement. Court found that defendant did not waive its right to arbitrate when it filed its motion to compel arbitration four months after the Complaint was filed.
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Wright v. NH Thornton Place, LLC, No. 2:19-CV-02063-DDC-GEB (D. Kan. June 1, 2020)06/01/2020
Court granted defendant’s unopposed application for order confirming arbitration award finding that neither plaintiff nor the court expressed a reason to vacate the award under Section 10 of the FAA.
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The Pharma Partners, LTD v. Liposeuticals, No. 1:19-CV-05735-AJN (S.D.N.Y. June 1, 2020)06/01/2020
Court granted defendant’s motion to dismiss finding that, despite an arbitration provision submitting disputes to binding arbitration in New York, court did not have personal jurisdiction over defendant for a case unrelated to the arbitration clause.
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GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA LLC, No. 18-1048 (U.S. June 1, 2020)06/01/2020
Supreme Court an Eleventh Circuit Court of Appeals decision in finding that the New York Convention does not preclude the application of domestic law permitting non-signatories to enforce an international arbitration agreement. Consequently, Court found that a non-signatory French company could compel arbitration of an Alabama steel plant.
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Tolliver v. Covington Credit, No. 3:19-CV-02655-M (N.D. Tex. May 31, 2020)05/31/2020
Court granted defendant’s motion to compel arbitration finding that plaintiffs’ statutory claims were not explicitly excluded from an arbitration clause encompassing “any dispute with the exception of those outlined below.” Court stayed the action pending arbitration finding it mandatory to do so when an issue is referable to arbitration.
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Blash v. BCS Placements, LLC, No. 1:19-CV-06321-AJN (S.D.N.Y. May 31, 2020)05/31/2020
Court denied plaintiffs’ motion to preliminary enjoin an arbitration where plaintiffs argued that the underlying claims were not arbitrable. Court found that the parties manifested clear and unmistakable intent to arbitrate arbitrability where the agreement (1) submitted “all claims, disputes, and other matters” to arbitration and (2) incorporated the AAA Rules.
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Kahapea v. Pennymac Loan Services, LLC, No. 1:19-MC-00028-MV (D.N.M. May 29, 2020)05/29/2020
Court dismissed without prejudice petitioner’s action to confirm an arbitration award, finding that petitioner failed to fulfill the jurisdiction requirements of Section 9 of the FAA when he did not demonstrate that the arbitration agreement explicitly or implicitly intended that the parties have a judgment entered on the arbitration award.
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Hutt v. Xpressbet, LLC, No. 2:20-CV-00494-JD (E.D. Pa. May 29, 2020)05/29/2020
Court granted defendant’s motion to compel arbitration, finding inter alia that a non-signatory plaintiff was subjected to the terms of the arbitration agreement when he sought to enforce the terms of the underlying contract. Court found that both contract and tort claims were arbitrable where the arbitration agreement was broad and placed no restriction on arbitrable disputes.
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CPR Management, S.A. v. Devon Park Bioventures, L.P., No. 2:18-CV-01973-CMR (E.D. Pa. May 29, 2020)05/29/2020
Court granted petitioner’s motion to confirm an arbitration award, and denied respondents’ cross motion to vacate, finding that none of the grounds for vacating an award under Section 10 of the FAA applied. Court found that applying the FAA was appropriate where: (1) the arbitration was brought in the United States and (2) there was no conflict between the New York Convention and the domestic FAA, reasoning that Article V(1)(e) of the New York Convention allows awards to be “set aside or suspended by a competent authority of the country in which that award was made.” Court refused to impose additional prejudgment interest finding that such interest is not a penalty and that the good or bad faith of a losing party is not of dispositive significance.
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Charter Communications, Inc. v. Taylor, No. 4:20-CV-00233-HEA (E.D. Mo. May 29, 2020)05/29/2020
Court granted defendant’s motion to compel arbitration, finding that plaintiff did not waive its right to arbitrate when it first invoked one arbitration agreement as the basis of the arbitration but ultimately brought an action under another. Court found that inconsistency with the right to arbitrate must exist with regard with the right itself, not which agreement is invoked.
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IMAX Corporation v. Giencourt Investments, S.A., No. 20-10491 (11th Cir. May 28, 2020)05/28/2020
Court of appeals affirmed a district court decision denying appellant’s motion to vacate arbitration awards, finding that appellant failed to carry its burden to establish any defense under the New York Convention or prove that the arbitral tribunal exceeded its powers under the FAA.