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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Trustees for the Mason Tenders District Council Welfare Fund v. One Ten Restoration Corp., No. 1:15-CV-10000-JPO (S.D.N.Y. Nov. 16, 2016)11/16/2016
Court granted motion to confirm a default arbitration award. Court held the defendant received sufficient notice of the arbitration from both the plaintiffs and the arbitrator, and that the arbitrator had a sufficient basis to conclude that the necessary procedures had been followed and there was no denial of fundamental fairness.
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Infrassure, Ltd. v. First Mutual Transportation Assurance Co., No. 16-306 (2d Cir. Nov. 16, 2016)11/16/2016
Circuit court affirmed district court’s prior decision, finding that, between two competing arbitration agreements executed by the parties, the arbitration agreement in the body of the contract controlled.
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20/20 Communications, Inc. v. Blevins, No. 4:16-CV-00810-Y (N.D. Tex. Nov. 15, 2016)11/15/2016
Court denied motion for a temporary restraining order against arbitrating issues in dispute among the parties. Court held that plaintiff failed to demonstrate a likelihood of success on the merits or demonstrate an appropriate balance of party and public interest.
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John R Fuchs et al v. State Farm General Insurance Company, No. 2:16-CV-01844-RGK-GJS (C.D. Cal. Nov. 14, 2016)11/14/2016
Court granted motion to compel appraisal as an equivalent of arbitration. Court held, however, that only claims relating to the appraisal qualified; the rest did not fall under the relevant agreement. Court rejected arguments that the defendant had waived its right to arbitrate. Court further declined to dismiss or stay proceedings, noting that the appraisal was to be performed expeditiously.
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Robinson v. EOR-ARK, LLC, No. 15-3406 (8th Cir. Nov. 14, 2016)11/14/2016
Court dismissed complaint and compelled arbitration, holding that arbitration agreement was enforceable under Arkansas law even if none of the arbitral fora foreseen under the arbitration agreement were available, since in that case the arbitrator would be appointed by the court under 9 USC § 5. Court further held that the arbitration agreement was enforceable even against non-signatory defendants, since they were closely related to the signatory defendants and arbitration therefore is appropriate.
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Linley Invs. v. Jamgotchian, No. 14-56437 (9th Cir. Nov. 14, 2016)11/14/2016
Circuit court affirmed district court’s confirmation of arbitration awards under the New York Convention, rejecting challenges based on sufficiency of notice of the arbitral proceedings, arbitrator appointment, and public policy.
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Smagin v. Yegiazaryan, No. 2:14-CV-09764-R (C.D. Cal. Nov. 14, 2016)11/14/2016
Court granted application for a post-judgment injunction freezing an award debtor’s worldwide assets, finding the award debtor was subject to personal jurisdiction and had a record of concealing the true beneficial of assets.
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Osprey Partners RSF LLC v. UBS Financial Services Inc., No. 3:16-CV-04894-WHA (N.D. Cal. Nov. 14, 2016)11/14/2016
Court denied motion to compel arbitration, holding that the arbitration agreement at issue could not be construed to encompass claims that were not within the scope of the underlying contract.
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Aria Fire Systems, Inc. v. Sprinkler Fitters UA Local 709, No. 2:16-CV-03522-CAS-RAO (C.D. Cal. Nov. 14, 2016)11/14/2016
Court granted motion for summary judgment seeking enforcement of an arbitration award. Court held that the arbitrator’s interpretation of the agreement must be upheld “as long as the arbitrator is even arguably construing or applying the contract and acting within the scope of his authority,” and that the arbitrator properly resolved the issues before him.
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GoPro Hong Kong Ltd. v. 2B Trading, Inc., No. 16-CV-05113-JD (N.D. Cal. Nov. 14, 2016)11/14/2016
Court denied defendant’s motion to dismiss plaintiff’s petition to enforce the arbitral award. Court held that, inter alia, the presence of federal-law issues related to foreign arbitration weighed in favor the action being heard in federal court in circumstances where the defendant issued state court proceedings to vacate the award.
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Metlife Securities, Inc. v. Holt, No. 2:16-CV-32 (E.D. Tenn. Nov. 14, 2016)11/14/2016
Court granted motion to compel arbitration, holding that the respondent failed to satisfy the burden of raising a genuine issue of material fact as to the enforceability of an arbitration agreement, and therefore the court must compel arbitration of the relevant claims.
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Sopinski v. Lackawanna Cnty., No. 3:16-CV-00466-PDM (M.D. Pa. Nov. 10, 2016)11/10/2016
Court granted motion by an arbitrator to quash a subpoena for deposition. Court held that, although arbitrators may be deposed on issues of alleged bias or prejudice, where an arbitrator previously disclosed all conflicts of interest to plaintiff, the arbitrator was entitled to assert her testimonial privilege.
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Snyder v. Cach, LLC, No. 1:16-CV-00097-ACK-KJM (D. Haw. Nov. 10, 2016)11/10/2016
Court granted defendants’ motion to compel arbitration. Court held that the parties had entered into a valid arbitration agreement which covered the dispute at issue. Court also held that plaintiff failed raise a meritorious defense to arbitration.
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Fang v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 3:16-CV-06071-JD (N.D. Cal. Nov. 10, 2016)11/10/2016
Court denied plaintiff’s motion for a temporary restraining order and/or preliminary injunction requesting the court to dismiss an ongoing arbitration involving the parties. Court held that injunctive relief was not warranted because plaintiff made no showing that she was likely to suffer irreparable hard in the absence of preliminary relief; that the balance of equities tipped in her favor; and that an injunction was in the public interest.
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Powers Distrib. Co., Inc. v. Grenzebach Corp., No. 4:16-CV-12740-TGB-EAS (E.D. Mich. Nov. 9, 2016)11/09/2016
Court denied defendant’s motion to dismiss on the grounds that the dispute must be arbitrated. Court held that although the claims, as drafted, were subject to arbitration, the motion to dismiss should be denied without prejudice because plaintiff requested oral argument and asked to amend its complaint.
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Elmore v. CVS Pharmacy, Inc., No 2:16-CV-05603-ODW-AS (C.D. Cal. Nov. 9, 2016)11/09/2016
Court granted defendants’ motion to compel arbitration. Court held that an arbitration agreement, which states that issues to be arbitrated “include disputes arising out of or relating to the validity, enforceability or breach of this [agreement],” demonstrated the parties’ intent to arbitrate the issue of arbitrability. Court further held that all of plaintiff’s claims fell within the scope of the parties’ arbitration agreement.
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United Food and Commercial Workers, Local 653 v. Fresh Seasons Market, LLC, No. 0:15-CV-03910-PJS-TNL (D. Minn. Nov. 8, 2016)11/08/2016
Court denied defendants’ motion to stay an order compelling arbitration pending the outcome of defendants’ appeal of the court’s order. Court held a stay was not warranted because (i) defendant failed to make a strong showing that its appeal would be successful; (ii) the cost of submitting to arbitration was not an irreparable harm; (iii) a stay would prejudice plaintiff by further delaying a case that had already lasted several years; and (iv) there is a strong federal policy favoring arbitrating disputes in general and labor disputes in particular.
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Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension, and Welfare Funds v. Akwesasne Const., Inc., No. 2:15-CV-06449-ADS-AYS (E.D.N.Y. Nov. 8, 2016)11/08/2016
Court granted petitioners’ motion to confirm an arbitration award. Court held that pursuant to a magistrate judge’s recommendation, the arbitration award should be confirmed because respondent failed to file any objection to the magistrate judge’s recommendation and the recommendation was free from error.
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U.S. Fire Ins. Co. v. Waterfront Assocs., Inc., No. 1:15-CV-00046-SSB-SKB (S.D. Ohio Nov. 8, 2016)11/08/2016
Court denied third-party defendant’s motion to compel arbitration and stay proceedings. Court held that the arbitration agreement between the plaintiff and third-party defendant did not apply to the issue in dispute because the agreement was made before the events giving rise to the litigation occurred and the plain language of the agreement excluded the issue in dispute from the scope of the arbitration clause.
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Preferred Care, Inc. v. Bleeker, No. 7:16-CV-00152-ART-EBA (E.D. Ky. Nov. 8, 2016)11/08/2016
Court granted motion to dismiss plaintiffs’ claims to enforce an arbitration agreement between the parties. Court held that although the arbitration agreement bound the defendant, the administrator of the deceased’s estate, it did not bind a series of wrongful-death beneficiaries, whom the defendant had raised claims on behalf of, because the beneficiaries were not parties to the arbitration agreement.
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Pinnacle Health Facilities XXXIII, LP v. Crecca, No. 2:15-CV-01062-RB-LAM (D.N.M., Nov. 7, 2016)11/07/2016
Court granted motion to compel arbitration. Court accepted theory that non-party defendant was bound by an arbitration agreement as a third-party beneficiary of the underlying contract. Court was also not persuaded that signatory’s failure to read the contract rendered it procedurally unconscionable, or that she had been unable to decline particular terms.
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Archer v. TIC – The Industrial Company, No. 2:16-6649-GHK-SS (C.D. Cal. Nov. 7, 2016)11/07/2016
Court granted defendant’s motion to compel arbitration. Court held that the FAA prescribed arbitration and under California law the arbitration agreement was not unconscionable despite the fact that it was a contract of adhesion.
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Oat Solutions, LLC v. Rihko, No. 2:16-CV-01046 (C.D. Cal. Nov. 7, 2016)11/07/2016
Court granted motion to dismiss plaintiff’s complaint for forum non conveniens. Court held that inter alia the existence of an arbitration agreement stating that the parties would resolve disputes arising out of the operative agreement through arbitration in Finland favored dismissal of plaintiff’s complaint on forum non conveniens grounds because arbitration would reduce the burden on local courts to administer the case.
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McKinnon v. Dollar Thrifty Automotive Group, Inc., No. 4:12-CV-04457-YGR (N.D. Cal. Nov. 7, 2016)11/07/2016
Court granted plaintiffs’ motion to intervene. Court held inter alia that the existence of an arbitration provision in an agreement between an intervenor and defendants was not sufficient reason to deny plaintiff’s motion. Court explained that if defendants successfully compelled the intervenor to litigate his claims in arbitration, the court could stay the intervenor’s claims against defendants and proceed to hear the remaining claims that were not subject to arbitration.
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LIN Television Corp. v. Nat’l Assoc. of Broadcast Emps. and Technicians-Communications Workers of America, AFL-CIO, No. 1:14-CV-01048-WMS-LGF (W.D.N.Y. Nov. 7, 2016)11/07/2016
Court denied motion to vacate a labor arbitration award and granted defendants’ motion to enforce the arbitration award and recover attorney’s fees. Court held that the award should not be vacated because, contrary to the plaintiff’s assertions, the arbitrator did not exceed the scope of his authority and the award did not violate public policy.
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Kobren v. A-1 Limosine Inc., No. 3:16-CV-00516-BRM-DEA (D.N.J. Nov. 7, 2016)11/07/2016
Court granted defendants’ motion to compel arbitration and stay the action. Court held that a class/collective action waiver and cost-sharing provision found within an agreement that also contained an arbitration clause did not render the agreement to arbitrate unconscionable.
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Romero v. DHL Express (U.S.A.), Inc., No. 1:15-CV-04844-JGK (S.D.N.Y. Nov. 7, 2016)11/07/2016
Court granted motion for judgment on the pleadings. Court held inter alia that plaintiff’s claims must be dismissed because plaintiff failed to submit the dispute to arbitration pursuant to the arbitration clause found in the parties’ collective bargaining agreement.
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American Healthcare Assoc. v. Burwell, No. 3:16-CV-00233-MPM-RP (N.D. Miss. Nov. 7, 2016)11/07/2016
Court granted plaintiffs’ motion for a preliminary injunction to enjoin the defendants from enforcing a new regulation that would bar nursing homes receiving federal funds from entering pre-dispute arbitration agreements with their residents. Court held that a preliminary injunction was warranted because inter alia it was likely that the new regulation would be barred by the FAA.
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ABX Air, Inc. v. Int’l Bhd. of Teamsters, Airline Division, No. 1:16-CV-01039-TSB (S.D. Ohio Nov. 7, 2016)11/07/2016
Court denied motion for a temporary restraining order and preliminary injunction, and dismissed the action for lack of subject-matter jurisdiction. Court held that the dispute at issue was a “minor dispute” as defined by the Railway Labor Act and, according to the statute, all “minor disputes” must be submitted to arbitration instead of the federal courts.
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PDV Sweeny, Inc. v. ConocoPhilips Co., No. 16-170 (2d Cir. Nov. 7, 2016)11/07/2016
Court of appeals affirmed the district court’s denial of the appellant’s petition to vacate an arbitral award. Court of appeals held that the New York public policy against penalty provisions in contracts did not preclude the arbitration award because the arbitral tribunal construed the contract clause at issue as a termination provision rather than as a liquidated damages provision.
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Herzfeld v. 1416 Chancellor, Inc., No. 15-2835 (3d Cir. Nov. 7, 2016)11/07/2016
Court of appeals affirmed the district court’s denial of a motion to compel arbitration. Court held that an arbitration clause that only applied to “dispute[s] aris[ing] out of this agreement” would not govern the dispute because plaintiff’s claims were statutory wage-and-hour claims.
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Thomas v. Jenkins, No. 3:16-CV-01830 (M.D. Tenn. Nov. 4, 2016)11/04/2016
Court denied defendant’s motion to vacate an arbitration award. Court held that an arbitration award could not be vacated under the terms of the FAA because defendant moving to vacate the arbitration award was not a party to the arbitration.
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Move, Inc. v. Citigroup Global Markets, Inc., No. 14-56650 (9th Cir. Nov. 4, 2016)11/04/2016
Circuit court reversed the district court’s order denying plaintiff’s motion to vacate an arbitration award. Court held that the FAA’s requirement that a notice of a motion to vacate arbitration award must be submitted within three months of the issuance of an arbitration award would be subject to equitable tolling. Court also held that the tribunal chairman’s misrepresentation concerning his qualifications as a licensed attorney was sufficient grounds to vacate the award because plaintiff was denied a fundamentally fair hearing.
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Ankofski v. M&O Marketing, Inc., No. 4:16-CV-10284 (E.D. Mich. Nov. 4, 2016)11/04/2016
Court denied defendants’ motion to dismiss for plaintiff’s failure to arbitrate the dispute. Court held that although it was undisputed that the an arbitration agreement existed between the parties, the agreement was incorporated within a confidentiality and non-solicitation agreement, not an employment contract, and plaintiff’s discrimination and retaliation claims did not fall within the scope of the arbitration agreement.
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Hudson v. Windows USA, LLC, No. 3:16-CV-00596-DPJ-FKB (S.D. Miss. Nov. 3, 2016)11/03/2016
Court denied request for discovery in relation to plaintiffs’ fraud in the factum opposition to motion to compel arbitration, finding that the allegations of fraud could be supported by the plaintiffs’ own testimony and discovery was improper in light of the summary nature of a motion to compel arbitration.
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Doctor’s Associates, Inc. v. Tripathi, No. 3:16-CV-00562 (D. Conn. Nov. 3, 2016)11/03/2016
Court granted plaintiff’s petition to compel arbitration. Court held the parties agreed to a broad arbitration provision that clearly and unmistakably delegated issues of arbitrability to the arbitrators, and that gateway issues such as unconscionability were to be determined by the arbitrator in the first instance.
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Fencemart, Inc. v. Stewart Envtl. Constr., Inc., No. 1:16-CV-00054-MPM-DAS (N.D. Miss. Nov. 3, 2016)11/03/2016
Court granted defendants’ motion to dismiss. Court held plaintiff’s claims should be dismissed in favor of arbitration because the subcontractor agreement between the parties contained a valid arbitration clause, the dispute at issue fell within the scope of the clause, and there were no legal constraints that would preclude arbitration.
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Intellectual Ventures I LLC v. AT&T Mobility LLC, No. 1:13-CV-01668-LPS (D. Del. Nov. 3, 2016)11/03/2016
Court denied defendants’ motion to stay the proceedings pending arbitration. Court held that defendants could not invoke the doctrine of equitable estoppel to stay an arbitration to which they were not a party. Court further held that a discretionary stay of the pending arbitration was unwarranted because a stay would unfairly prejudice the plaintiff and was unlikely to promote judicial economy.
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Mondis Tech. Ltd. v. Wistron Corp., 1:15-CV-02340-RA (S.D.N.Y. Nov. 3, 2016)11/03/2016
Court granted petition for confirmation of arbitral award under the FAA and the New York Convention. Court rejected defendant’s arguments against confirmation, holding that the defendant did not satisfy its obligation under the award and finding the public policy and due process arguments unpersuasive.
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Thomas v. Right Choice Staffing Group, LLC, No. 4:15-CV-10055-LVP-MKM (E.D. Mich. Nov. 2, 2016)11/02/2016
Court denied plaintiffs’ motion to render an arbitration clause unenforceable. Court held that, contrary to plaintiffs’ claims, the risk that plaintiffs could be forced to split costs under AAA arbitration rules did not per se render the arbitration agreement unenforceable. Instead, court held that in the event substantial costs and fees were imposed on plaintiffs, the court could engage in a post hoc review of the arbitrator’s award to ensure it conformed to public policy.
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West v. Legacy Motors, Inc., 2:16-CV-12101 (E.D. Mich. Nov. 2, 2016)11/02/2016
Court granted motions to compel arbitration and dismiss under the FAA, holding that all plaintiff’s claims are subject to arbitration. Court found that the parties agreed to arbitration, the arbitration clause was not unconscionable, the scope of the agreement was broad and there was no evidence that Congress intended to preclude waiver of judicial remedies.
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Ribeiro v. Sedgwick LLP, 3:16-CV-04507-WHA (N.D. Cal. Nov. 2, 2016)11/02/2016
Court granted motion to compel arbitration and stay action. Court held that, by incorporation of the JAMS Comprehensive Arbitration Rules and Procedures, the parties’ had clearly delegated the arbitrability of the claims and the alleged unconscionability of the arbitration provision to the arbitrator.
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In re Anderson, No. 7:15-CV-4227-NSR (S.D.N.Y. Nov. 2, 2016)11/02/2016
Court denied appellant’s motion to stay bankruptcy proceedings pending an appeal of an order denying appellant’s motion’s to compel arbitration. Court held that appellant had not satisfied the four factor test required to issue the stay.
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Key Motors Ltd. v. Hyundai Motor Co., No. 1:16-CV-23657-RNS (S.D. Fla. Nov. 1, 2016)11/01/2016
Court granted defendant’s motion to compel arbitration. Court held that plaintiff’s argument, that an oral agreement which made no mention of an agreement to arbitrate governed the parties’ dispute, was unavailing because the mere existence of an oral agreement did not negate the fact that the parties had entered into a written agreement to arbitrate the dispute. Court further held that defendant’s removal of the case from state court to federal court was proper because the subject matter of the dispute pending in state court related to an arbitration agreement falling under the New York Convention.
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Selden v. Airbnb, Inc., 1:16-CV-00933-CRC (D.D.C. Nov. 1, 2016)11/01/2016
Court granted motion to compel arbitration, finding that mutual arbitration provisions in electronic contracts are enforceable. Court rejected arguments that no contract existed and that the arbitration clause did not apply to discrimination suits and was unconscionable.
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Commc’n Workers of America Local 3010, AFL-CIO v. Telephone Tech. Sys., Inc., No. 3:16-CV-02635-GAG (D.P.R. Nov. 1, 2016)11/01/2016
Court granted plaintiff’s motion for a preliminary injunction in aid of arbitration and denied defendant’s motion to dismiss. Court held that the question of whether the parties’ collective bargaining agreement had expired at the time the dispute arose should be decided by an arbitrator per the terms of the parties’ agreement to arbitrate. Court also held that a preliminary injunction in aid of arbitration was justified because (1) the parties had entered into a collective bargaining agreement providing for mandatory arbitration; (2) the dispute between the parties was subject to binding arbitration; and (3) traditional principles of equity warranted injunctive relief.
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Fraser v. Brightstar Franchising, LLC, 1:16-CV-08179 (N.D. Ill. Nov. 1, 2016)11/01/2016
Court granted motion to compel arbitration, holding that plaintiffs’ claims fell within the scope of the mediation and arbitration provision and not an equitable relief exception.
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Mackall v. Healthsource Global Staffing, Inc., 3:16-CV-03810-WHO (N.D. Cal. Nov. 1, 2016)11/01/2016
Court denied motion to compel arbitration. Court found class waiver was invalid under the National Labor Relations Act and Morris v. Ernest & Young, 2016 WL 4433080 (9th Cir. Aug. 22, 2016). Finding the class waiver provision could not be severed, the court held the arbitration agreement was unenforceable under the FAA.
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Valencia v. Logan General-Hospital, LLC, 2:16-CV-06597 (S.D.W. Va. Nov. 1, 2016)11/01/2016
Court granted motion to compel arbitration. Finding that the plaintiff’s claim arises out of and relates to the employment agreement, court held the claim was arbitrable.
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Drill Cuttings Disposal Co., v. Lynn, 5:16-CV-00860-DAE (W.D. Tex. Nov. 1, 2016)11/01/2016
Court granted motion and confirmed arbitration award pursuant to the FAA, holding the arbitrator did not reach his determination in manifest disregard of the law and did not “exceed his powers” under 9 USC §10(a)(4). Case was earlier transferred from the Western District of Louisiana in Drill Cutting Disposal Co. LLC v. Lynn, No. 6:15-02532 (W.D. La. Apr. 20, 2016).