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.
-
Dekker v. Vivint Solar, No. 19-CV-07918-WHA (N.D. Cal. Mar. 24, 2020)03/24/2020
Court granted defendants’ motion to compel arbitration of unfair business practices claims relating to the purchase and sale of residential solar panel installations. Court found that the arbitration clauses at issue were invalid insofar as they purported to waive plaintiffs’ rights to seek public injunctive relief. Court nevertheless held that the issue of the validity of the arbitration clauses was a matter for the arbitrator. Court further held that one of the arbitration agreements at issue was not agreed to by one of the plaintiffs because he was a Spanish speaker and defendants’ had not provided him with a copy of the agreement in Spanish.
-
Stouthard v. Newcomb Oil, No. 3:18-cv-00803-CRS (W.D. Ky. Mar. 24, 2020)03/24/2020
Court denied defendant’s motion to compel arbitration of employment-related claims. Court held that the arbitration agreement did not meet the basic elements to qualify as an “agreement” under the Federal Arbitration Act because it committed the parties to “alternative dispute resolution” and referred to arbitration merely as an example of such dispute resolution.
-
JR. Food Stores v. Hartland Construction Group, No. 1:19-CV-00076-GNS (W.D. Ky. Mar. 24, 2020)03/24/2020
Court granted plaintiff’s motion to compel arbitration of claims against a contractor relating to the construction of a grocery store but denied plaintiff’s motion to compel arbitration of its claims against the contractor’s lender. Court held that the contractor clearly agreed to arbitrate claims arising under the construction contract but that the lender was not a party to the contract containing the arbitration clause and instead agreed to litigate claims arising under the lending documents.
-
Flores v. RK Trailer Repair, No. 2:19-CV-00114-TLS (N.D. Ind. Mar. 24, 2020)03/24/2020
Court granted defendants’ motion to compel arbitration of employment disability claims. Court rejected plaintiff’s argument that the arbitration agreement was unenforceable because it limited its right to recover damages and precluded it from appealing the arbitrator’s decision.
-
Solis v. ZEP LLC, No. 1:19-CV-04230-JGK (S.D.N.Y. Mar. 24, 2020)03/24/2020
Court denied defendants’ motion to compel arbitration of wage claims brought by delivery workers under the Fair Labor Standards Act. Court determined that there was no meeting of the minds between the parties regarding an agreement to arbitrate because plaintiffs did not understand the employment contracts they signed, which were not translated into Spanish, their native language.
-
Resch v. Catlin Indemnity Company, No. 19-CV-08699-KSH (D. N.J. Mar. 23, 2020)03/23/2020
Court denied plaintiff’s petition to vacate arbitration award relating to an insurance dispute. Court held that the umpire did not exceed his powers by going beyond the issues submitted to him. Court also rejected plaintiff’s argument that the award was indefinite because the umpire’s report left the door open for further evaluation prior to the close of the proceedings.
-
Morgan Stanley v. Babu, No. 19-CV-00489-GJH (D. Md. Mar. 23, 2020)03/23/2020
Court granted plaintiff’s motion to compel arbitration of third-party claim for contribution and indemnification relating to an improper transfer of funds from a bank account. Court rejected defendant’s argument that its claims did not fall within the scope of the arbitration agreement.
-
Lawrence v. Bob Moore Auto Group, No. 19-CV-00395-PRW (W.D. Okla. Mar. 23, 2020)03/23/2020
Court granted defendants’ motion to compel arbitration of claims relating to purchases of luxury cars. Court rejected plaintiffs’ argument that defendants’ failure to affix handwritten signatures to one of the arbitration agreements at issue rendered the agreement ineffective. Court also rejected plaintiffs’ contention that the arbitration agreements merely gave the parties an option to arbitrate.
-
Cho v. Cinereach, No. 1:19-CV-00513-JGK (S.D.N.Y. Mar. 23, 2020)03/23/2020
Court granted defendants’ motion to compel arbitration. Court rejected plaintiff’s arguments that the arbitration agreement was not binding and that one of the defendants, as a non-signatory, could not compel arbitration of the claims advanced against it.
-
Brittain v. Navient Solutions, LLC, No. 2:18-CV-10529-FMO-AGR (C.D. Cal. Mar. 20, 2020)03/20/2020
Court granted motion to compel arbitration, finding that statutory claims under the Telephone Consumer Protection Act, 47 USC § 227, among others, fell within scope of arbitration agreement in student loan documents.
-
Nelson v. Kunkle, No. 8:19-CV-00329-BCB (D. Neb. Mar. 20, 2020)03/20/2020
Court granted defendant’s motion to compel arbitration of employment-related claims. Court held that even though defendant was a non-signatory to the arbitration agreement, the agreement nevertheless applied to the defendant in its capacity as an agent of the signatory party.
-
R&C Oilfield Services v. American Wind Transport Group, No. 2:19-CV-01201-WSS (W.D. Pa. Mar. 20, 2020)03/20/2020
Court granted defendant’s motion to compel arbitration of breach of contract claim relating to the hauling of wind energy components. Court rejected plaintiff’s argument that the arbitration agreement at issue was invalid because, as an independent contractor, it was exempt from compelled arbitration relating to an alleged contract of employment for interstate transportation workers.
-
ResCap Liquidating Trust v. LendingTree, No. 0:19-CV-02360-SRN (D. Minn. Mar. 20, 2020)03/20/2020
Court denied defendants’ motion to compel arbitration of contractual indemnification claims relating to residential mortgage backed securities. Court found that plaintiff was not a party to the arbitration agreement and rejected defendants’ argument that plaintiff, as a third party beneficiary under the relevant contract, was estopped from avoiding arbitration.
-
Cunix Automotive Group v. Larry Dimmitt Cadillac, No. 2:19-CV-3941-GCS (S.D. Ohio Mar. 20, 2020)03/20/2020
Court granted defendants’ motion to dismiss and compel arbitration of claims relating to the purchase and sale of a luxury sports car brought by the seller. Court rejected plaintiff’s argument that it was not a party to the arbitration agreement.
-
International Energy Ventures Management v. United Energy Group, No. 4:17-CV-02262-LNH (S.D. Tex. Mar. 20, 2020)03/20/2020
Court granted motions to vacate two arbitral awards and to compel arbitration of claims relating to consulting services in connection with the purchase and sale of oil and gas assets in Pakistan. Court held that the arbitrators acted outside of their authority in deciding whether plaintiff waived arbitration by taking action in the courts in connection with the dispute. Court then decided that the plaintiff did not waive arbitration by taking steps in the courts and in turn granted plaintiff’s motion to compel arbitration.
-
People Source Staffing Professionals, LLC v. Robertson, No. 3:19-CV-00430-TAD-KLH (W.D. La. Mar. 19, 2020)03/19/2020
Court granted motion to compel arbitration, finding that the claims against one defendant were subject to a valid arbitration agreement, and there were no reasons to deny arbitration. Court permitted the claims against the other defendants to proceed.
-
Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos De Chihuahua de C.V., No. 1:15-CV-02120-JLK (D. Colo. Mar. 25, 2019)03/19/2020
Court granted petition to confirm foreign arbitral award, finding that the merits award had not been set aside in the seat of the arbitration, and that the damages award was binding and enforceable notwithstanding the ongoing challenge to the award in the seat of the arbitration. Court found that the circumstances did not warrant the grant of a stay against enforcement pending the challenge to the damages award.
-
Herskovic v. Verizon Wireless, No. 1:19-CV-03372-AMD-RML (E.D.N.Y. Mar. 6, 2020)03/19/2020
Court granted defendant’s motion to compel arbitration finding, inter alia, that reference to the FAA evidences that parties’ intent for the Act to apply to the arbitration agreement. Court additionally found that defendant’s removal of the case to federal court was not sufficient participation in litigation to constitute waiver of the right to arbitrate.
-
Whispering Pines West Condominium Homeowners Association, Inc. v. Certain Underwriters at Lloyd’s London, No. 1:19-CV-03238-REB-MEH (D. Colo. Mar. 6, 2020)03/19/2020
Court granted defendant’s motion to compel arbitration, finding that language submitting disputes “regarding any aspect of this Policy” covered the plaintiff’s statutory claims. Court found that where the parties did not expressly agree to arbitrate arbitrability, the issue of arbitrability was one for the court.
-
Federico v. Chipotle Mexican Grill, No. 1:20-CV-00027-DAP (N.D. Ohio Mar. 9, 2020)03/19/2020
Court granted defendants’ motion to compel arbitration, finding that plaintiff’s claims were arbitrable when there was a mutual waiver of trial rights. Court additionally found that plaintiff’s claims against a nonsignatory of the arbitration agreement were arbitrable when there was an agency relationship between the signatory defendant and the nonsignatory defendant.
-
Leja v. Brosseau Management Co., LLC, No. 3:19-CV-00269-BAJ-EWD (M.D. La. Mar. 10, 2020)03/19/2020
Court denied defendants’ motion to compel arbitration finding, inter alia, that defendants waived their right to arbitrate by ignoring correspondence from plaintiff seeking to initiate arbitration proceedings.
-
Drasal v. Pilot Traveling Centers, LLC, No. 2:19-CV-00981-KWR-CG (D.N.M. Mar. 10, 2020)03/19/2020
Court granted defendant’s motion to compel arbitration finding that a valid arbitration agreement existed when, inter alia, plaintiff signed other documents contingent on assent to the arbitration agreement and plaintiff performed under the employment contract containing the arbitration clause.
-
Vinjarapu v. Gadiyaram, No. 1:19-CV-03306-ADC (D. Md. Mar. 11, 2020)03/19/2020
Court granted defendants’ motion to compel arbitration finding that nonsignatory defendants had an independent right to compel plaintiff’s claims to arbitration when the claims related to the operation of the contract containing the arbitration agreement. Court additionally found that the issue of whether the arbitration agreement was entered into fraudulently was for the arbitrator to decide.
-
Marroquin v. Dan Ryan Builders Mid-Atlantic, LLC, No. 5:19-CV-00083-EKD (W.D. Va. Mar. 11, 2020)03/19/2020
Court granted defendant’s motion to compel arbitration finding that an arbitration clause which allowed defendant to initiate arbitration in any United States jurisdiction was not sufficiently one-sided to be considered unconscionable.
-
Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 19-2187 (7th Cir. Mar. 11, 2020)03/19/2020
Court of appeals affirmed judgment denying motion to compel arbitration, finding that defendant’s withdrawal of an arbitration demand in response to plaintiff’s threat of sanctions constituted a waiver of defendant’s right to arbitrate.
-
First National Petroleum Corporation v. OAO Tyumenneftegaz, No. 4:19-CV-00097 (S.D. Tex. Mar. 12, 2020)03/19/2020
Court granted respondent’s motion to dismiss for lack of personal jurisdiction and denied petitioner’s petition to confirm an arbitral award where responded was a Russian oil company subject to an agreement and joint venture in Russia to develop a Russian oil field. Court found that notwithstanding respondent’s visits to Houston, the “hub of the parties’ activities” was outside of Texas. Court further found that the New York Convention did not prevent the court from refusing to confirm an award for lack of personal jurisdiction.
-
Christmas Lumber Company, Inc. v. NWH Roof & Floor Truss Systems, LLC, No. 3:19-CV-00055-HBG (E.D. Tenn. Mar. 12, 2020)03/19/2020
Court denied defendant’s motion to compel arbitration, finding that the agreement containing the arbitration provision was separate from the contract under which plaintiff’s claims were brought. Court found that the arbitration agreement made no reference to the disputed contract and thus that plaintiff’s claims were not subject to arbitration.
-
Arena v. Intuit Inc., No. 3:19-CV-02546-CRB (N.D. Cal. Mar. 12, 2020)03/19/2020
Court denied defendant’s motion to compel arbitration finding that defendant’s terms of service were too inconspicuous to give plaintiffs constructive notice of the arbitration provision, and thus there was no agreement to the provision.
-
Card v. Wells Fargo Bank, N.A., No. 3:19-CV-1515-SI (D. Or. Mar. 16, 2020)03/19/2020
Court denied motion to compel arbitration, finding that there was a genuine dispute of material fact over the existence of the arbitration agreement since defendant had not established, among others, that the customer agreements containing the arbitration agreement had been delivered to plaintiff or brought to plaintiff’s attention. Court directed an evidentiary hearing to determine whether a valid arbitration agreement existed.
-
Boss Worldwide LLC v. Beau Crabill, No. 7:19-CV-02363-VB (S.D.N.Y. Mar. 16, 2020)03/19/2020
Court construed motion to dismiss as a motion to compel arbitration and granted motion, finding that the statutory claims under the Digital Millennium Copyright Act 17 U.S.C. § 512(f) fell within the scope of the arbitration agreement, and that there was no indication that Congress precluded such claims from arbitration.
-
Asia Maritime Pacific Chartering Ltd. v. A. Cayume Hakh & Sons, No. 1:19-CV-24919-BB (S.D. Fla. Mar. 16, 2020)03/19/2020
Court construed motion to dismiss as a motion to compel arbitration and granted motion, finding that defendant had not waived right to arbitrate by requesting a dismissal of the complaint instead of filing a motion to compel arbitration. Court held that although defendant had filed a motion to dismiss, it was more properly viewed as a motion to compel arbitration. Court also held that defendant had not waived its right to arbitration because defendant’s conduct had not been inconsistent with the right to arbitration, nor had defendant substantially invoked the litigation machinery.
-
Taylor v. Samsung Electronics America, Inc., No. 1:19-CV-04526 (N.D. Ill. Mar. 15, 2020)03/19/2020
Court granted motion to compel arbitration, finding that defendants had not waived right to arbitration by filing motion to compel arbitration only four months after they had removed case to federal court, and after they had participated in Rule 16 conference. Court also found that arbitration agreement was not non-mutual or unconscionable.
-
Henricks v. Flywheel Sports, Inc., No. 1:19-CV-00895-PGG (S.D.N.Y. Mar. 18, 2020)03/18/2020
Court granted motion to compel arbitration, finding that claims brought by plaintiff under Telephone Consumer Protection Act (for sending unwanted text messages) fell within scope of a valid arbitration agreement between plaintiff customer and defendant proprietor of indoor cycling workout classes.
-
DePuy Synthes Sales, Inc. v. OrthoLA, Inc., No. 19-2765 (7th Cir. Mar. 18, 2020)03/18/2020
Court of appeals affirmed district court’s decision to stay action pending resolution of related California state court action. Court of appeals found that the district court had reasonably weighed various incommensurable factors in granting the stay of federal court proceedings, including its concern that DePuy was pursuing a second bite at the apple in federal court.
-
Rain Forest Adventures (Holdings) Ltd. v. AIG Insurance Hong Kong Limited, No. 1:19-CV-23698-DPG (S.D. Fla. Mar. 18, 2020)03/18/2020
Court granted motion to compel arbitration, finding that the question whether a clause in policy between insurer and insured barred the bringing of claims in arbitration was a matter for the arbitral tribunal to determine, since the arbitration agreement in the insurance policy expressly delegated threshold questions of arbitrability to the arbitral tribunal.
-
Pierce County v. MA Mortenson Company, No. 19-35257 (9th Cir. Mar. 17, 2020)03/17/2020
Court of appeals affirmed district court’s decision granting motion to compel arbitration, finding that the dispute was arbitrable and that the question whether the claims had been deemed waived was a question for the arbitral tribunal to decide.
-
In re Application of EWE Gasspeicher GmbH, No. 1:19-MC-00109-RGA (D. Del. Mar. 17, 2020)03/17/2020
Court granted motion to vacate an order for discovery pursuant to 28 USC § 1782 obtained ex parte, finding that the ambit of § 1782 did not extend to arbitral proceedings arising from a private commercial contract, which were not proceedings before a foreign court or a quasi-judicial agency.
-
Gonzales v. Credit One Bank, N.A., No. 19-CV-00733-DAD-BAM (E.D. Cal. Mar. 17, 2020)03/17/2020
Court granted motion to compel arbitration, finding that a valid arbitration agreement had been concluded between plaintiff and defendant. Court rejected plaintiff’s argument that court should not compel arbitration because plaintiff had also brought claims against third-party vendors who were not privy to the arbitration agreement.
-
Elsasser v. DV Trading, LLC, No. 17-CV-04825 (N.D. Ill. Mar. 17, 2020)03/17/2020
Court granted motion to compel arbitration, finding that even though plaintiffs were non-signatories to arbitration agreement in the operating agreement between their trading companies and defendant, they were estopped from avoiding the arbitration agreements because they sought to benefit directly from the operating agreement.
-
Simons v. Brown, No. 2:19-CV-05074-GAM (E.D. Pa. Mar. 16, 2020)03/16/2020
Court denied motion to vacate arbitration award, by which arbitrator granted summary judgment in favor of respondent after extensive discovery during the arbitration process. Court found that arbitrator heard all material and pertinent evidence, did not exceed her powers, and did not act in manifest disregard of the law.
-
Lentz v. Parkland Legal Group, PL, No. 19-06031-KMS (S.D. Miss. Mar. 12, 2020)03/12/2020
Court granted motion to compel arbitration, finding that the arbitration agreement was valid and binding between the parties, and that the determination of the claims arising under 11 USC §§ 542 and 548 in arbitration would not conflict with the purpose of the Bankruptcy Code.
-
Brightstar Corp. v. Euler Hermes World Agency S.A.S., No. 1:19-CV-20955-KMM (S.D. Fla. Feb. 26, 2020)02/26/2020
Court granted motion to stay proceedings pending the result of a German-seated arbitration. Court reasoned that where there is an ongoing dispute between the parties as to which of its arbitration agreements applies to the underlying action, a stay would be appropriate in the interest of promoting judicial economy, avoiding conflicting results, and considering the advanced stage of the arbitration.
-
In re Automotive Parts Antitrust Litigation, No. 19-1150 (6th Cir. Feb. 24, 2020)02/24/2020
Court of appeals affirmed district court’s decision denying motion to compel arbitration, finding that parties had not concluded a valid arbitration agreement because the arbitration agreement in the relevant contractual documents did not, on its terms, apply to plaintiffs.
-
Roberts v. Harley Davidson Financial Services, Inc., No. 4:19-CV-00841-SRB (W.D. Mo. Feb. 13, 2020)02/13/2020
Court denied motion to compel arbitration, finding no reason to reopen state court’s prior dismissal of motion to compel arbitration. Prior to removal of case to federal court, defendant filed a motion to compel arbitration, which was dismissed by state court. Defendant did not appeal against state court’s decision. Defendant filed a second motion to compel arbitration after removal. Court held that, in view of law-of-the-case doctrine, it would not exercise its discretion to reopen state court’s prior order.
-
Marbaker v. Statoil USA Onshore Properties, Inc., No. 3:17-CV-01528 (3d Cir. Feb. 13, 2020)02/13/2020
Court of appeals affirmed district court’s denial of motion to compel class arbitration, finding that bilateral arbitration clause in lease agreement between defendant and plaintiffs did not provide consent necessary for court to compel class arbitration to resolve disputes across multiple similar leases as a class.
-
Calderon v. Sixt Rent A Car, LLC, No. 0:19-CV-6408-AHS (S.D. Fla. Feb. 12, 2020)02/12/2020
Court denied motion to compel arbitration, finding that arbitration agreement did not bind defendant car rental companies. One plaintiff reserved and rented a car from defendants through a website operated by a third party. Court found that arbitration agreement in terms of use between third party and the plaintiff did not bind defendants, who were not party to terms of use.
-
PolyOne Corporation v. Westlake Vinyls, Inc., No. 5:19-CV00121-TBR (W.D. Ky. Feb. 11, 2020)02/11/2020
Court denied motion to vacate arbitration award and granted motion to confirm, finding that the arbitral tribunal had not exceeded their power or decided the matter in manifest disregard of the law, nor was the arbitration award contrary to public policy.
-
Petersen-Dean, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA., No. 1:19-CV-11299-AKH (S.D.N.Y. Feb. 11, 2020)02/11/2020
Court denied motion to vacate prehearing security award granted by arbitral tribunal, finding that the arbitral tribunal was authorized to award interim security, and that it had properly exercised its power to do so.
-
Abgara v. AT&T Mobility, LLC, No. 1:19-CV01823-TSC (D.D.C. Feb. 11, 2020)02/11/2020
Court granted motion to compel arbitration, finding that plaintiff’s negligence claim and statutory claim under the Cable Communications Policy Act fell within the scope of the arbitration agreement between plaintiff and defendants.
-
Troia v. Tinder, Inc., No. 4:19-CV-01647-RLW (E.D. Mo. Feb. 10, 2020)02/10/2020
Court granted motion to compel individual arbitration, finding that claims against Tinder for discriminatory pricing and use of unconscionable contract provisions were arbitral, and that question of whether enforcement of arbitration agreement was unconscionable had been delegated to arbitrator. Court held that plaintiff was bound by arbitration agreement in the terms of use, which plaintiff had agreed to when creating his account.