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.
-
BCB Holdings Ltd. v. Gov’t of Belize, No. 1:14-CV-01123-CKK (D.D.C. Feb. 6, 2017)02/06/2017
Court granted petition under 28 USC § 1610(c) to enforce its earlier judgment enforcing an LCIA arbitral award, reasoning that sufficient time had elapsed and statutory notice had been given. Court denied without prejudice corresponding motions for anti-suit injunction and temporary restraining order, reasoning that there was no interference with the Court’s jurisdiction at this time.
-
Organizacion Ideal, S. DE R.L. DE C.V. v. FHR Mex. Mgmt. Co. S.A. DE C.V., No. 1:15-CV-7728-ER (S.D.N.Y. Feb, 6, 2017)02/06/2017
Court granted motion to confirm ICDR award and entered judgment for the full amount of the award, plus interest.
-
Plumbers & Pipe Fitters, Local 23 v. Kelsey Excavating, Inc., No. 3:15-CV-50306 (N.D. Ill. Feb. 3, 2017)02/03/2017
Court granted in part and denied in part motion to dismiss action to enforce arbitral award, finding that (1) plaintiffs had adequately pleaded that one defendant was successor-in-interest to party to arbitral agreement; (2) another defendant had dissolved prior to accrual of claims; (3) plaintiffs had adequately pleaded that another defendant was operating as an alter ego to party to arbitral agreement; (4) plaintiffs had not alleged facts sufficient to state a claim for single employer liability as to another defendant; and (5) plaintiffs had not alleged facts sufficient to state a claim for successor liability.
-
D/S Norden A/S v. CHS de Paraguay, SRL, No. 1:16-CV-02274-LTS (S.D.N.Y. Feb. 3, 2017)02/03/2017
Court granted motion to dismiss petition to compel arbitration, finding that petitioner had not plausibly pleaded that it was an agent of a party to the arbitration agreement.
-
Outokumpu Stainless USA LLC v. Converteam SAS, No. 1:16-CV-00378-KD-C (S.D. Ala. Feb. 3, 2017)02/03/2017
Court granted motions to compel arbitration and dismiss, finding that defendant did not waive its right to arbitrate through participating in the proceedings in a limited fashion prior to moving to compel arbitration.
-
Hobzek v. Homeaway.com, Inc., No. 1:16-CV-01058-SS (W.D. Tex. Feb. 3, 2017)02/03/2017
Court granted motion to compel arbitration and stayed. Court held that plaintiff’s attacks on the arbitration clause (that it lacked consideration, did not bind a non-signatory, prevented class litigation of statutory civil rights claims, and was illusory as it could be unilaterally amended) were matters of arbitrability that had been delegated to the arbitrator, and their arbitrability was not wholly groundless.
-
Celand Constr. Co. v. FutureNet Grp., Inc., No. 9:16-CV-03584-RMG (D.S.C. Feb. 3, 2017)02/03/2017
Court granted motion to dismiss in favor of arbitration, holding that plaintiff, by failing to respond to the motion, had not met its burden to show that arbitration agreement was unenforceable.
-
Prime Healthcare Servs. – Landmark LLC v. United Nurses & Allied Prof’ls, Local 5067, No. 16-1161 (1st Cir. Feb. 3, 2017)02/03/2017
Circuit court reversed district court’s order denying motion to compel arbitration, finding that issue of ERISA preemption was not an issue of arbitrability and was for the arbitrator to decide.
-
Poublon v. C.H. Robinson Co., No. 15-55143 (9th Cir. Feb. 3, 2017)02/03/2017
Circuit court reversed order denying motion to compel arbitration, finding that, although an agreement signed as a condition for receiving an employment bonus qualifies as an adhesion contract, the disputed features of the arbitration provision (including, inter alia, waiver of representative claims, distant location of arbitration, confidentiality requirement, power to award fees and costs, employer’s unilateral right to modify, and limitations on discovery) were not unconscionable.
-
Wijesinha v. DIRECTV, LLC, No. 1:16-CV-22090-KMM (S.D. Fla. Feb. 02, 2017)02/02/2017
Court denied plaintiff’s motion for reconsideration of court’s order granting defendant’s motion to compel arbitration finding that plaintiff’s arguments failed to satisfy any of the grounds upon which a motion for reconsideration should be granted.
-
Selden v. Airbnb, Inc., No. 16-7139 (D.C. Cir. Feb. 2, 2017)02/02/2017
Court of appeal granted the motion to dismiss for lack of jurisdiction. Court held that the district court’s order compelling arbitration and staying litigation is not appealable, finding pursuant to 28 USC § 1292(a)(1) that the order did not have the effect of denying an injunction that affects all of the merits or would have a serious, perhaps irreparable affect. Court also found the order was not appealable under a pendent jurisdiction theory or the collateral order doctrine.
-
Hays v. Jefferson Capital Sys., LLC, No. 1:15-CV-14025-GAO (D. Mass. Feb. 2, 2017)02/02/2017
Court granted motion to compel arbitration, holding that the existence of an agreement containing an arbitration clause in clear and unmistakable terms had been established without contradiction.
-
Jefferson v. Baptist Health Sys., Inc., No. 2:16-CV-01094-KOB (N.D. Ala. Feb. 2, 2017)02/02/2017
Court granted motion to confirm arbitration award and denied motion to vacate. Court held that, where a party filed suit in court within the statute of limitations and the parties later agreed to have action heard in arbitration, the arbitrator did not exceed her authority to find that the claimant’s failure to initiate arbitration within the statute of limitations did not bar suit; and arbitrator did not exceed her authority under rules requiring a “single award” by issuing two preliminary awards and a final award.
-
Iraq Middle Mkt. Dev. Found. v. Harmoosh, No. 16-1403 (4th Cir. Feb. 2, 2017)02/02/2017
Circuit court vacated grant of summary judgment in action to recognize Iraqi judgment and remanded, finding that a genuine issue of material existed as to whether the debtor lost his right to arbitrate by utilizing the Iraqi judicial process.
-
Amerisourcebergen Drug Corp. v. Primrose Pharmacy, LLC, No. 2:16-CV-06106-GAM (E.D. Pa. Feb. 1, 2017)02/01/2017
Court denied motion to dismiss in favor of arbitration, finding that, where a contract incorporated another instrument by reference and the other instrument contained an arbitration clause expressly limited to disputes between parties to that other instrument, the parties to the contract were not bound by the arbitration clause in the other instrument.
-
CFL Pizza LLC v. Hammack, No. 6:16-CV-00968-JA-KRS (M.D. Fla. Feb. 1, 2017)02/01/2017
Court denied petition to compel arbitration in accordance with agreement, finding that issue of whether class arbitration was permitted was to be determined by arbitrator in pending arbitration.
-
Erickson v. Thrivent Ins. Agency Inc., No. 4:16-CV-04044-RAL (D.S.D. Feb. 1, 2017)02/01/2017
Court granted motion to compel arbitration and stay case, finding that, where a contract incorporated a fraternal society’s bylaws by reference, and those bylaws were subsequently amended to include an arbitration clause, party is bound by subsequently added arbitration clause since it does not reduce his benefits under the contract.
-
Louisiana Dep’t of Nat. Res. ex rel. Coastal Prot. and Restoration Auth. v. Fed. Emergency Mgmt. Agency, No. 3:16-CV-00586-BAJ-EWD (M.D. La. Jan. 31, 2017)01/31/2017
Court denied motion to vacate arbitral award, finding that panel’s failure to consider certain evidence was not prejudicial.
-
Gundrum v. Cleveland Integrity Servs., Inc., No. 3:16-CV-00369-WMC (W.D. Wis. Jan. 31, 2017)01/31/2017
Court granted motion to transfer, finding that proper venue for motion to compel arbitration is in the district where forum-selection clause provides that arbitration would occur, and no valid ground for challenging the forum-selection clause existed.
-
Janvey v. Alguire, No. 14-10857 (8th Cir. Jan. 31, 2017)01/31/2017
Circuit court affirmed district court’s denial of motion to compel arbitration, finding that no basis existed for non-signatories to be bound under the arbitration agreement; and the only party that had signed an arbitration agreement had waived its right to assert it by participating in that litigation to the point of obtaining discovery.
-
Nat’l Indemnity Co. v. IRB Brazil Reseguros S.A., No. 16-1267 (2d Cir. Jan. 31, 2017)01/31/2017
Circuit court affirmed confirmation of arbitral awards, finding that district court had not committed clear error in concluding that an arbitrator had not shown “evident partiality” by accepting an appointment by a related party in another arbitration.
-
Dodson Int’l Parts, Inc. v. Williams Int’l Co., LLC, No. 2:16-CV-02212-JAR-KGS (D. Kan. Jan. 31, 2017)01/31/2017
Court granted motion to compel arbitration, finding that question of whether party was fraudulently induced to enter contract was to be determined in arbitration; and the arbitration clause was not unconscionable.
-
Mellick v. CVS Pharmacy, Inc., No 5:16-CV-00821-D (E.D.N.C. Jan. 31, 2017)01/31/2017
Court granted motion to compel arbitration, finding that no basis existed to hold that arbitration clause was invalid and any ambiguity over whether plaintiff’s claims fell within the scope of the arbitration clause should be resolved in favor of arbitration.
-
Preferred Care, Inc. v. Roberts, No. 5:16-CV-00203-KKC (E.D. Ky. Jan. 31, 2017)01/31/2017
Court partially granted motion to compel arbitration of claims pending in state court, holding, inter alia, that (1) there were insufficient grounds to abstain from exercising jurisdiction in favor of a pending state court proceeding in which a motion to compel arbitration had not been filed; (2) under FAA’s pro-arbitration policy, ambiguity over whether court-appointed guardian had authority to bind nursing home resident to arbitration is resolved in favor of arbitration; (3) delay in filing federal action seeking to compel arbitration, while state action on the merits was proceeding, did not effect a waiver as the delay was not unwarranted; (4) wrongful death claim was not subject to arbitration, as it is brought on behalf of beneficiaries not bound to the arbitration agreement; and (5) no basis existed to permit non-party plaintiffs to invoke arbitration clause.
-
Bethune v. LendingClub Corp., No. 1:16-CV-02578-NRB (S.D.N.Y. Jan. 30, 2017)01/30/2017
Court granted motion to compel arbitration on an individual basis and stay the action, finding that questions of unconscionability and applicability of arbitration clause to non-signatories concerns arbitrability, the question of which was delegated to the arbitrator to decide.
-
Simmons v. Hankey, No. 2:16-CV-06125-ODW-JEM (C.D. Cal. Jan. 30, 2017)01/30/2017
Court granted defendants’ petition to compel arbitration, finding that: employee’s signature was sufficient to create an arbitration agreement without the employer also needing to sign; the employers’ agents could invoke the arbitration agreement; questions of the arbitration agreement’s scope and whether it is unconscionable are to be determined in arbitration.
-
Magee v. WD Servs., LLC, No. 2:16-CV-02132-JAD-VCF (D. Nev. Jan. 30, 2017)01/30/2017
Court granted motion to compel arbitration and dismissed, holding that there was no evidence creating a genuine dispute about whether the plaintiff agreed to arbitration and it was undisputed that the defendant was either a party to that agreement or an affiliate entitled to enforce it.
-
Deleon v. Dollar Tree Stores, Inc., No. 3:16-CV-00767-CSH (D. Conn. Jan. 30, 2017)01/30/2017
Court granted motion to dismiss and compel arbitration, finding that agreement to arbitrate was supported by consideration since the promise was mutual and because it was a condition of continued employment of an at-will employee; and question of whether arbitration agreement was unconscionable was a question of arbitrability to be determined by the arbitrator.
-
Muhammad v. Community Coach, Inc., No. 2:16-CV-08344-JLL-JAD (D.N.J. Jan. 30, 2017)01/30/2017
Court granted motion to dismiss, finding, inter alia, that certain of plaintiff’s claims addressed matters that were already decided against him in arbitration, and a motion to vacate would be untimely.
-
Bowers v. N. Two Cayes Co. Ltd., No. 1:15-CV-00029-MR-DLH (W.D.N.C. Jan. 30, 2017)01/30/2017
Court denied motion to remand award to arbitrator, finding that it was unable to adjudicate any interests reflected in the ward until a confirmation action had been brought.
-
Opalinski v. Robert Half Int’l Inc., No. 15-4001 (3d Cir. Jan. 30, 2017)01/30/2017
Circuit court affirmed dismissal of collective action complaint, interpreting employment agreements’ silence as to class arbitration as reflecting an intent that class arbitration not be allowed.
-
Outokumpu Stainless USA LLC v. Converteam SAS, No. 1:16-CV-00378-KD-C (S.D. Ala. Jan. 30, 2017)01/30/2017
Court granted motions to compel arbitration and dismiss under the New York Convention, finding that: sub-contractor of party was bound by party’s agreement to arbitrate; and commercial relationship had sufficient relationship to foreign states to justify international arbitration.
-
Bordelon Marine, LLC v. Bibby Subsea ROV, LLC, No. 2:16-CV-01106-LMA-DEK (E.D. La. Jan. 30, 2017)01/30/2017
Court denied motion to compel arbitration, finding that (1) although Louisiana court previously compelled arbitration of claims brought before it, it does not have authority under FAA to order arbitration in Texas of related claims pending before a Texas court; (2) the All Writs Act did not provide such authority, since there were adequate means to seek order compelling arbitration in the Texas action; and (3) the first to file rule did not provide such authority, since it should have been raised in the Texas action.
-
Craig v. Total Quality Logistics, LLC, No. 8:16-CV-02970-SCB-AEP (M.D. Fl. Jan. 30, 2017)01/30/2017
Court granted motion to compel arbitration and stay proceedings, finding that parties agreed to arbitrate arbitrability; and arbitration agreement could be enforced against a non-party both under agency principles and due to allegations that the non-party’s misconduct was substantially interdependent and in concert with a party to the agreement.
-
Singh v. Uber Techs. Inc., No. 3:16-CV-03044-FLW-DEA (D.N.J. Jan. 30, 2017)01/30/2017
Court granted motion to dismiss and compel arbitration, holding, inter alia, that (1) plaintiff was sufficiently notified of arbitration clause that was in a website agreement to which he was provided a hyperlink; (2) exception to FAA for “transportation employees” is inapplicable to Uber drivers; (3) class waiver was valid in light of plaintiff’s ability to opt out of arbitration clause within 30 days of agreement; and (4) arbitration was not unconscionable in light of plaintiff’s ability to opt out of arbitration clause within 30 days of agreement.
-
Woody v. Nationstar Mortg. LLC, No. 3:16-CV-00825-HEH (E.D. Va. Jan. 30, 2017)01/30/2017
Court granted motion to compel arbitration, finding that arbitration clause required no pre-arbitration notice requirement.
-
J&JB Timberlands, LLC v. Woolsey Energy II, LLC, No. 3:14-CV-01318-SMY-RJD (S.D. Ill. Jan. 30, 2017)01/30/2017
Court granted motion to stay litigation pending arbitration, holding that arbitration provision within a deed conveying land ran with the land and was binding against subsequent tenants in vertical privity to the original grantee.
-
GoPro Hong Kong Ltd. v. United World Brands, No. 3:16-CV-05113-JD (N.D. Cal. Jan. 30, 2017)01/30/2017
Court granted motion to confirm arbitral award, finding that no grounds for non-recognition under the New York Convention existed.
-
Schneider Electric Building Americas, LLC v. International Mechanical Services, Inc., No. 5:16-CV-00828-DAE (W.D. Tex. Jan. 27, 2017)01/27/2017
Court granted the motions to dismiss or stay federal court proceeding. Court found that a valid arbitration agreement existed and the breach of contract claim fell within the scope of that agreement. Court also concluded that no obvious legal constraints existed—such as unconscionability, duress, fraudulent inducement, revocation, and other defenses to contract formation—and therefore arbitration should be compelled.
-
Patel v. Jack in the Box Inc., No. 3 16-CV-02561-H-JLB (S.D. Cal. Jan. 27, 2017)01/27/2017
Court granted defendant’s motion to compel arbitration because plaintiff’s status as a supervisor meant that he was able to—and did—waive his collective action rights under the National Labor Relations Act, plaintiff was not waiving any rights under the California Private Attorneys General Act because he did not bring claims under the act, and the arbitration agreement was not unconscionable.
-
Weckesser v. Knight Enters. S.E., LLC, No. 2:16-CV-02053-RMG (D.S.C. Jan. 27, 2017)01/27/2017
Court denied motion to compel arbitration under the FAA, holding that no valid arbitration agreement bound the actual parties to the dispute. Court rejected argument that the exclusion of defendant’s specific corporate name from the arbitral agreement was mere clerical error, reasoning that any contractual ambiguities must be construed against it as the drafter. Court likewise refused to recognize any third party beneficiary right to arbitrate, finding that the arbitral agreement did not identify defendant as such.
-
Habilston v. FINRA Regulation, Inc., No. 1:15-CV-02225-ABJ (D.D.C. Jan. 27, 2017)01/27/2017
Court granted motion to dismiss in light of pending arbitration, finding that claims that arbitral forum violated their constitutional rights by unfair arbitration process were not ripe while arbitration was ongoing, and that the arbitral forum was entitled to arbitral immunity.
-
Trs. of the New York City District Council of Carpenters Pension Fund v. Installations of Am., Inc., No. 1:15-CV-08316-PAE (S.D.N.Y. Jan. 27, 2017)01/27/2017
Court granted unopposed motion for summary judgment and confirmed arbitration award, finding that there was no material issue of fact in dispute.
-
Gunn v. Uber Techs., Inc., No. 1:16-CV-01668-SEB-MJD (S.D. Ind. Jan. 27, 2017)01/27/2017
Court granted motion to compel arbitration and stayed action, holding that the FAA applies and questions regarding unconscionability and class waiver and are to be decided by the arbitrator.
-
Richemond v. Uber Techs., Inc., No. 1:16-CV-23267-DPG (S.D. Fla. Jan. 27, 2017)01/27/2017
Court granted motion to compel arbitration, finding that questions of whether arbitration clause is invalid under the NLRA was delegated in the first instance to the arbitrator.
-
Daugherty v. SolarCity Corp., No. 3:16-CV-05155-WHA (N.D. Cal. Jan. 26, 2017)01/26/2017
Court granted motion to dismiss action to compel arbitration, holding that, under ninth circuit precedent, class action waivers are impermissible under the NLRA.
-
Trs. for the Mason Tenders District Council Welfare Fund v. DCM Grp., LLC, No. 7:13-CV-01925-NSR (S.D.N.Y. Jan. 25, 2017)01/25/2017
Court granted unopposed motion to confirm and enforce default opinion and arbitration award, finding that the arbitration award should be confirmed because the motion was uncontested and the award was supported by the award and appropriate.
-
Ranieri v. Banco Santander, S.A., No. 2:15-CV-037400-MCA-MAH (D.N.J. Jan. 25, 2017)01/25/2017
Court grants motion to compel arbitration, holding that as the terms of the arbitration agreement are clear the plaintiffs’ manifest intent was to be bound to it.
-
Egan Jones Ratings Company v. Pruette, No. 2:16-MC-00105-JLS (E.D. Pa. Jan. 24, 2017)01/24/2017
Court denies respondents motion to dismiss a petition to vacate a partial final award, holding that as there was a formal bifurcation of the arbitration, the partial final award on liability was a final award and the court had jurisdiction to review it.
-
Castro v. Macy's Inc., No. 3:16-CV-05991-CRB (N.D. Cal. Jan. 24, 2017)01/24/2017
Court grants defendants’ motion to compel arbitration and stays the claim, holding that the plaintiff received the arbitration agreement by mail and implicitly agreed to the arbitration agreement by failing to affirmatively opt out. As a result, the plaintiff waived her right to a judicial forum for her civil rights claims.