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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Zacher v. Comcast Cable Communications LLC, No. 17-CV-7256 (N.D. Ill. June 20, 2018)06/20/2018
Court granted motion to compel arbitration, finding that the agreement entered into by the parties was valid and enforceable and the parties delegated the issue of the arbitration clause’s scope to the arbitrator.
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Appleyard v. Murphy Oil USA, Inc., No. 1:17-CV-01188-JDB-EGB (W.D. Tenn. June 20, 2018)06/20/2018
Court granted motion to stay pending the outcome of individual arbitration pursuant to 9 USC § 3, finding the claims to be arbitrable.
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Chacon v. Comcast Cable Communications Management, LLC, No. 17-CV-8434 (N.D. Ill. June 20, 2018)06/20/2018
Court denied motion to compel arbitration and stay litigation, finding that the dispute at issue fell outside the scope of the parties’ arbitration agreement.
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Moreno v. Expedia, Inc., No. 3:18-CV-00105 (W.D.N.C. June 20, 2018)06/20/2018
Court granted motion to compel arbitration, finding that the claim was within the scope of the arbitration agreement and therefore arbitrable.
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ACE American Insurance Company v. Guerriero, No. 17-2893 (3d Cir. June 20, 2018)06/20/2018
Court of appeals affirmed district court’s order granting motion to compel arbitration, finding the arbitration agreement to be valid and enforceable.
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ASARCO LLC v. United Steel, Paper and Forest, No. 2:15-CV-00117-SMM (9th Circ. June 19, 2018)06/19/2018
Court of appeals affirmed the district court’s order to confirm an arbitration award. Court held that the petitioner conceded the arbitrator had jurisdiction, and that the arbitrator did not exceed his authority and the award did not contravene public policy.
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Amobi v. Brown, No. 1:08-CV-01501-KBJ (D.D.C. June 19, 2018)06/19/2018
Court granted in part and denied in part motion in limine to disallow the introduction of evidence from prior arbitration proceedings, allowing the introduction of witness testimony from that proceeding but denying the introduction of the arbitrator’s opinion, holding that doing so would be prejudicial.
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Fielding v. Dolgen, LLC, No. 3:17-CV-00561-JAG (E.D. Va. June 19, 2018)06/19/2018
Court granted motion for partial summary judgment, finding that plaintiff’s electronic signature on an arbitration agreement constituted undisputed evidence plaintiff intended to be bound by that agreement.
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Sorensen Companies, Inc. v. B.J. Burns Incorporated, No. 3:17-CV-01095-MMH-JRK (M.D. Fla. June 19, 2018)06/19/2018
Court granted motion to confirm arbitration award on the basis of a magistrate judge’s report, finding that award was valid and that petitioner’s application for its confirmation was timely.
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Grupo Unidos Por El Canal, S.A. v. Autoridad del Canal de Panama, No. 1:17-CV-23996-RNS (S.D. Fla. June 19, 201306/19/2018
Court granted in part motion to confirm arbitration award, finding that, since petitioners failed to successfully assert one of the seven defenses against enforcement of the ICC award enumerated in Article V of the New York Convention, respondent was entitled to confirmation of the award, but not prejudgment interest. Petitioners’ motion to vacate the award was found to be time-barred under 9 USC 12 and thus denied.
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Assad v. Josefsson, No. 2:18-CV-02470-PSG-JPR (C.D. Cal. June 19, 201806/19/2018
Court denied motion to remand, finding that, while the subject matter of the underlying arbitration was sufficiently connected to the arbitration agreement for removal purposes, the parties did not waive their right to arbitrate and thus removal was not warranted.
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Traf Intercontinental Elektronik-Handels GMbH v. Sonocine, Inc., No. 3:17-CV-00672-LRH-WGC (D. Nev. June 19, 201806/19/2018
Court denied motions to remand and for judgment on the pleadings. Court held that it had jurisdiction under the New York Convention because it concerns an award arising from a dispute and the an alleged legal relationship not entirely between United States citizens.
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Campagna v. GGNSC Louisville Hillcreek, LLC, No. 3:16-CV-00507-DJH-CHL (W.D. Ky. June 19, 2018)06/19/2018
Court granted in part motion to compel arbitration on all but plaintiff’s wrongful-death claim, finding that the arbitration agreement was neither unconscionable nor invalidly entered into and thus valid.
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Cooper Tire & Rubber Company v. Premium Tire & Parts Corp., No. 3:17-02085-DRD (D.P.R. June 18, 2018)06/18/2018
Court granted motion to compel arbitration and stay proceedings, finding that a valid and binding arbitration clause existed between the parties.
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Catlin Syndicate 2003 v. Traditional Air Conditioning, Inc., No. 2:17-CV-02406-JFB-AYS (E.D.N.Y. June 18, 2018)06/18/2018
Court granted motion to compel arbitration and stay proceedings, finding that the arbitration provision was sufficiently broad so as to support a presumption of arbitrability and that plaintiff’s claim was subject to arbitration.
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Untershine v. Advanced Call Center Technologies, LLC, No. 18-CV-77 (E.D. Wis. June 18, 201806/18/2018
Court denied motion to dismiss or stay and compel arbitration, finding that a non-signatory third party could not invoke otherwise valid arbitration and class waiver provisions for its own benefit.
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Thomas v. Right Choice Staffing Group, LLC, No. 4:15-CV-10055-LVP-MKM (E.D. Mich. June 18, 2018)06/18/2018
Court denied motion to vacate arbitration award, finding the award to be valid as defendants failed to establish partiality on behalf of the arbitrator.
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Liu Luwei v. Phyto Tech Corporation, No. 2:18-CV-02174-JFW-GJS (C.D. Cal. June 18, 2019)06/18/2018
Court granted order to recognize, confirm, and enforce arbitration award, finding that the arbitration agreement was valid between the parties and that, the New York Convention being applicable, court could assert subject matter jurisdiction over the action. Citing approval of the agreement by Chinese regulatory authorities and the arbitral tribunal’s application of Chinese contract law, the court declined to hold the award violated public policy. Court further rejected denial of due process claims, finding that the tribunal neither acted improperly nor exceeded the scope of issues for arbitration.
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Miller v. AT&T Southwestern Bell Telephone Company, No. 6:18-CV-06008-SOH (W.D. Ark. June 18, 2018)06/18/2018
Court granted motion to confirm arbitration award, finding that plaintiff failed to overcome the burden of demonstrating partiality on behalf of the arbitrator, and that the arbitrator’s decision was proper and therefore not subject to vacatur.
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Daley v. CVS Pharmacy, Inc., No. 2:16-CV-02693-JCM-CWH (9th Cir. June 18, 2018)06/18/2018
Court of appeals affirmed district court’s decision to compel arbitration, finding that the parties entered a valid arbitration agreement which encompassed the issue of arbitrability.
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Wiatrek v. Flower Foods Inc., No. 5:17-CV-00772-XR (W.D. Tex. June 16, 2018)06/16/2018
Court granted motion to compel individual arbitration, finding the arbitration agreement to be neither illusory nor unconscionable and therefore valid.
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Lindsey v. Punta Vista Bahia SA, No. 2:17-CV-04596-JJT (D. Ariz. June 15, 2018)06/15/2018
Court granted motion to dismiss confirmation of arbitration award, finding that plaintiffs’ only federal claim was time barred under FAA § 207 since three years had elapsed since the award was issued. Court also held that the plaintiffs failed to show the extraordinary circumstances required for equitable tolling. Absent a federal question, the court declined to exercise supplemental jurisdiction over plaintiff’s state law claims.
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CBF Industria De Gusa SA v. Amci Holdings Inc., No. 1:13-CV-02581-RWS (S.D.N.Y. June 15, 2018)06/15/2018
Court denied motion to dismiss enforcement of an arbitration award, finding sufficient allegations of fraud or wrong to justify piercing defendants’ corporate veil and establish liability on an alter ego theory. Court held the arbitration agreement was valid because defendants offered no evidence of their incapacity at the time the contracts at issue were entered into.
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Part-Time Faculty Association at Columbia College Chicago v. Columbia College Chicago, No. 17-3492 (7th Cir. June 15, 2018)06/15/2018
Court of appeals affirmed order granting motion to vacate arbitration award, finding that rulings by the National Labor Relations Board take precedence over rulings by an arbitral tribunal.
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Curtis v. Contractor Management Services, LLC, No. 16-2273 (1st Cir. June 14, 2018)06/14/2018
Court of appeals vacated the district court’s denial of the motion to compel arbitration and remanded for the district court to reconsider the motion consistent with a recent Supreme Court decision in Epic Sys. Corp. v. Lewis.
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Hubbell v. NCR Corporation, No. 2:17-CV-00807-ALM-EPD (S.D. Ohio June 14, 2018)
06/14/2018Court granted motion to compel arbitration, finding that unconscionability challenge was not specific to the delegation clause but rather applied to the agreement as a whole and was therefore to be determined by the arbitrator.
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Magno v. Experian Information Solutions, Inc., No. 3:17-CV-05478 (W.D. Wash. June 14, 2018)06/14/2018
Court granted motion to compel arbitration, finding that the arbitration clause encompassed the dispute at issue and that, despite failure to plead arbitration as an affirmative defense eight month delay in bringing motion to compel arbitration, defendant had not waived its right to arbitrate.
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De Dios v. Brand Energy and Infrastructure Services, No. 5:18-CV-04011-MWB (N.D. Iowa June 13, 2018)06/13/2018
Court granted defendant’s motion to compel arbitration. Court held that (i) the agreement to arbitrate was not unconscionable due to a display of bargaining power, substantive unfairness, or surprise; and (ii) the agreement to arbitrate was supported by adequate consideration, as the defendant agreed to consider plaintiff’s employment application in exchange for his agreement to arbitrate.
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Pitlor v. Charles Schwab Corporation, No. 8:18-CV-00196-JFB-CRZ (D. Neb. June 13, 2018)06/13/2018
Court granted defendant’s motion to compel arbitration. Court held that plaintiff’s unconscionability argument was not supported by the facts or any citations to applicable law, and therefore plaintiff failed to carry his burden and demonstrate that arbitration was improper due to unconscionability. Court also rejected plaintiff’s argument that the arbitration provision could not be enforced if the contract was repudiated and abandoned, as a breach or repudiation of the underlying agreement is not a repudiation of the arbitration provision.
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J.O.C. Farms, LLC v. Fireman’s Fund Insurance Company, No. 15-2368 (4th Cir. June 13, 201806/13/2018
Court of appeals affirmed district court’s order granting motion to dismiss, finding that the arbitrator was properly tasked with determining whether plaintiff timely commenced arbitration, and that the district court properly dismissed the outstanding state law claims.
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United States of America ex. rel. Debra’s Glass Inc. v. The Insurance Company of the State of Pennsylvania, No. 8:17-cv-03564-PX (D. Md. June 13, 2018)06/13/2018
Court granted motion to stay pending arbitration, finding that pending arbitration between contractor and subcontractor on payment dispute should be resolved prior to adjudication of Miller Act claim by subcontractor against contractor’s surety for the disputed payment.
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Pitlor v. Charles Schwab Corporation, No. 8:18-CV-00196-JFB-CRZ (D. Neb. June 13, 2018)06/13/2018
Court granted motion to compel arbitration, finding that the arbitration agreement was not unconscionable, and that the arbitration agreement survived the contract.
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De Dios v. Brand Energy and Infrastructure Services, No. 5:18-CV-04011-MWB (N.D. Iowa June 13, 2018)06/13/2018
Court granted motion to compel arbitration, finding that (i) arbitration agreement was not unconscionable since employer agreed to cover most of the costs, and (ii) arbitration agreement in employment application was supported by consideration in the form of the employer’s agreement to consider the application.
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Weckesser v. Knight Enterprises, S.E., LLC, No. 17-1247 (4th Cir. June 12, 2018)06/12/2018
Court of appeals affirmed district court’s refusal to compel arbitration. Court held that South Carolina contract law required them to enforce a contract as written, and because the arbitration agreement was between plaintiff and defendant’s parent rather than defendant, court could not conclude that plaintiff agreed to arbitrate disputes with defendant. Court rejected defendant’s contention that it was a third party beneficiary to the arbitration agreement. Court concluded that the district court had not abused its discretion when refusing to compel arbitration.
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Weckesser v. Knight Enterprises S.E., LLC, No. 17-1247 (4th Cir. June 12, 2018)06/12/2018
Court of appeals affirmed district court’s denial of motion to compel arbitration, finding, in a de novo review, that where an arbitration rider was signed between an independent contractor and a parent company, a third-party subsidiary of that parent could not avail itself of the agreement.
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Regional Local Union No. 846 v. Gulf Coast Rebar, No. 16-35651 (9th Cir. June 12, 2018)06/12/2018
Court of appeals dismissed appeal of order rejecting motion to compel arbitration, finding that it lacked appellate jurisdiction because the district court had not yet entered a final judgment.
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Doctor’s Associates, Inc. v. Alemayehu, No. 3:18-CV-00276-JCH (D. Conn. June 12, 2018)06/12/2018
Court denied petition to compel arbitration, finding that arbitration provision in franchise application was unsupported by mutual consideration.
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J.O.C. Farms, L.L.C. v. Fireman’s Fund Insurance Company, No. 15-2268 (4th Cir. June 13, 2018)06/12/2018
Court of appeals affirmed district court’s dismissal of state law claims as barred by arbitrator’s finding that plaintiff did not timely commence arbitration.
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Campbell v. Garcia, No. 1:18-CV-00162 (N.D. Ohio June 12, 2018)06/12/2018
Court rejected motion to dismiss, finding that state court’s prior order requiring arbitration of a different claim under the same agreement did not create issue preclusion since issue was the applicability of the arbitration agreement to a different claim, and because state court had ordered arbitration in a one-sentence order without any reasoning allowing the court to determine what issues had been litigated and decided.
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Scripps v. Agency for the Performing Arts, Inc., No. 3:18-CV-00381 (M.D. Tenn. June 12, 2018)
06/12/2018Court overruled objection to magistrate judge recommendation in favor of temporary injunction in advance of arbitration, finding that court was deprived of jurisdiction since arbitrator had now been appointed and any motions for temporary injunction could be resolved before the arbitrator.
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Friends for Health: Supporting the North Shore Health Center v. Paypal, Inc., No. 1:17-CV-01542 (N.D. Ill. June 12, 2018)
06/12/2018Court granted motion to stay and compel arbitration, finding that arbitration agreement was formed by acceptance of user agreement containing arbitration provision when opening online account. As to plaintiff that opened account prior to amendment to user agreement providing for mandatory arbitration, court found that unilateral amendment pursuant to terms of user agreement was enforceable because it merely altered terms of prior dispute resolution provision, rather than furnished a dispute resolution provision for the first time.
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Weckesser v. Knight Enterprises S.E., LLC, No. 17-1247 (4th Cir. June 12, 2018)06/12/2018
Court of appeals affirmed district court’s rejection of petition to compel arbitration, finding that arbitration agreement was signed with the defendant’s parent company, not the defendant itself, and that the defendant could not enforce it as a third-party beneficiary.
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Winn v. Cucci, No. 16-CV-00043-BAJ-RLB (M.D. La. June 12, 2018)
06/12/2018Court granted motion to confirm arbitration award, finding that FAA is not an independent grant of federal subject matter jurisdiction, but that dismissed claims could contribute to meeting the amount in controversy requirement for diversity jurisdiction.
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Aliments Krispy Kernels, Inc. v. Nichols Farms, No. 3:13-CV-05995-PGS-DEA (D.N.J. June 12, 2018)06/12/2018
Court denied cross-motions for summary judgment, finding there were material issues of fact as to whether the parties agreed to arbitrate where sales confirmation was never signed by purchaser and there were differing accounts of whether version of confirmation with arbitration clause was used.
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Huckaba v. Ref-Chem, L.P., No. 17-50341 (5th Cir. June 11, 2018)06/11/2018
Court of appeals reversed a district court order compelling arbitration because the express language of the agreement required that it be signed by both parties and appellee had not signed it. Court noted that Texas has no presumption in favor of arbitration and that the federal policy in favor of arbitration did not apply because the current matter concerned the validity of the contract.
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Unison Co., Ltd. v. Juhl Energy Development, Inc., No. 13-CV-3342-ADM-BRT (D. Minn. June 11, 2018)06/11/2018
Court denied motion to confirm arbitration award, holding that the motion is premature since 90-day period for challenge under Section 12 of the FAA had not yet tolled.
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Teamsters Local 439 v. Leprino Foods Company, No. 2:18–CV–0280–MCE–CKD (E.D. Cal. June 8, 2018)06/08/2018
Court granted motion to dismiss, finding that arbitration clause excluded arbitration of the grievance at issue.
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Prospect Funding Holdings (NY), LLC v. Ronald J. Palagi, PC LLC, No. 8:18-CV-00015-JMG-MDN (D. Neb. June 8, 2018)06/08/2018
Court granted motion to delay confirmation of a pair of arbitration awards where defendants alleged they had not received proper notice of either the arbitration proceedings underlying the awards or the awards themselves. Opposing party had emailed petitioners both the notice of arbitration and the award itself. Defendants also filed a cross petition to vacate the award more than three-months after receiving the email notice of the award. Court found an open question existed as to whether, under FAA §12, this untimeliness constituted a waiver of defendant’s arguments to vacate the award.
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Sanchez v. Homebridge Financial Services, Inc., No. 1:17-CV-01267-AWI-EPG (E.D. Cal. June 8, 2018)06/08/2018
After granting motion to compel arbitration and staying proceedings, court dismissed case without prejudice to arbitration due to plaintiff’s failure to initiate arbitration within the time limit set in its prior order. Court found that plaintiff was responsible for paying arbitration filing fees and that there was no authority for ordering defendant to initiate arbitration.
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Bricklayers and Allied Craftworkers Local Union No. 1, B.A.C.I.U., AFL-CIO v. Heavy Metal Corp., No. 1:17-CV-06816-DLI-RER (E.D.N.Y. June 8, 2018)06/08/2018
Court granted petition to confirm arbitration award and compel arbitration against respondent in default. As to the petition to confirm, the court found that there was no indication that the award was made arbitrarily, decided contrary to applicable law, or that the tribunal exceeded its authority. As to the petition to compel, the court found that there was an unambiguous agreement to arbitrate and that the respondent had refused to arbitrate additional claims.