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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Fujian Shenda Investment Management Co., Ltd. v. Yunxin, No. 23-CV-05888-SB-BFM (C.D. Cal. Oct. 23, 2023)10/23/2023
Court ordered petitioner to show cause why action seeking to confirm foreign arbitral award should not be dismissed for lack of personal jurisdiction over respondent, an individual residing in China. Court requested petitioner respond providing authority for its position that the court may consider the objective of the lawsuit, to obtain a judgment and seek enforcement of an award by pursuing proceeds of a real estate sale in California, when analyzing specific jurisdiction.
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All Premium Contractors, Inc. v. Sunlight Financial LLC, No. 1:23-CV-05059-JLR (S.D.N.Y. Oct. 19, 2023)10/19/2023
Court granted defendant’s motion to compel arbitration under the FAA finding the plain meaning of the parties’ contractual amendments did not render the arbitration agreement void where they expressly maintained all terms in the main body of the agreement. Court found that the agreement’s broad arbitration agreement may be reasonably reconciled with the forum selection clause by providing exclusive jurisdiction to New York courts for purposes of related litigation.
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UBS Financial Services Inc. v. Gutiérrez, No. 3:21-CV-01277-GMM (D.P.R. Oct. 18, 2023)10/18/2023
Court denied petitioner’s motion to vacate arbitration award and granted defendants’ cross motion to confirm the award. While one arbitrator failed to disclose five other legal proceedings in which he brought legal actions against large corporations similar to petitioner, the failure to disclose was insufficient to substantiate impartiality that materially prejudiced the arbitration proceedings. Court further found that there was no manifest disregard for the law in the tribunal’s grant of a recession remedy where petitioner could not show that the arbitrators acted “intentionally in a manner so outside the realm of reasonable legality.”
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Bequest Funds, LLC v. Magnolia Financial Group LLC, No. 3:23-CV-00886-B (N.D. Tex. Oct. 17, 2023)10/17/2023
Court granted defendant’s motion to compel arbitration pursuant to the FAA only with respect to the signatories of the parties’ arbitration agreement. Court reasoned that non-signatories may only be bound to an arbitration agreement where the parties’ expressed their intent to be bound to the agreement through principles of Texas state law. Non-signatory defendants did not put forward any argument to show their intent to be bound, and thus the arbitration agreement was not enforceable for them.
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Noble Prestige Limited v. Galle, No. 22-11520 (11th Cir. Oct. 16, 2023)10/16/2023
Court of appeals found it lacked jurisdiction to review district court’s finding on subject matter jurisdiction over a petition to confirm a foreign arbitral award where its decision only dismissed petitioner’s claims against one respondent but left its claims against other respondents pending. Court of appeals determined it had jurisdiction to review district court’s temporary restraining order, finding that it was actually a preliminary injunction subject to immediate review. Court of appeals vacated the district court’s order, finding it violated the prior exclusive jurisdiction doctrine, since a Colorado probate court already exercised exclusive jurisdiction over respondents’ property, and the district court lacked the authority to issue a preliminary injunction freezing respondents’ assets under Federal Rule of Civil Procedure 65.
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Exclusive Trim, Inc. v. Kastamonu Romania, S.A., No. 23-CV-03410-ALC (S.D.N.Y. Oct. 12, 2023)10/12/2023
Court granted petitioner’s petition to confirm and enforce foreign ICDR arbitration award under the New York Convention on the ground that there was no genuine issue of material fact precluding judgment in favor of enforcement, and because respondent neither appeared in the action nor opposed the petition.
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BUA International Limited v. Domtec International LLC, No. 23-CV-00206-DCN (D. Idaho Oct. 11, 2023)10/11/2023
Court granted petitioners’ petition to confirm foreign arbitral award and for an entry of judgment on the ground that respondent failed to explicitly invoke any of the seven grounds for refusal in Article V of the New York Convention, and even those defenses that could be implied were without any showing of proof.
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Strong v. Cashbet Alderney Limited, No. 23-CV-02081-JSC (N.D. Cal. Oct. 11, 2023)10/11/2023
Court granted respondents’ motion to dismiss petitioner’s petition to confirm and enforce foreign ICDR arbitration award under the New York Convention on the ground that petitioner lacked Article III standing. Court found that petitioner failed to satisfy the injury-in-fact requirement for Article III standing because the arbitration award was fully satisfied long before the petition was filed.
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EDE LLC v. Utopia Music AG, No. 23-CV-08015-CM (S.D.N.Y. Oct. 10, 2023)10/10/2023
Court found it proper to stay the action pending arbitration even though plaintiffs did not move to stay, because plaintiff’s motion for attachment in aid of arbitration had the same effect as a motion to stay arbitration in that it requires the court maintain jurisdiction of the matter pending a decision on the attachment motion.
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BBC Chartering Carriers GMBH & Co. KG v. HSIN Silk Road Shipping Ltd., No. 23-CV-06043-MWF-MRW (C.D. Cal. Oct. 10, 2023)10/10/2023
Court ordered petitioner to show cause why action seeking to confirm, recognize, and enforce foreign arbitral award should not be dismissed for lack of prosecution, requesting either respondent respond to the outstanding petition, or petitioner submit an application to enter default.
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Eletson Holdings, Inc. and Eletson Corporation v. Levona Holdings Ltd., No. 23-CV-07331-LJL (S.D.N.Y. Oct. 10, 2023)10/10/2023
Court denied respondent’s motion for an order referring the proceeding to enforce a foreign arbitration award to the bankruptcy court on the grounds that respondent is not a debtor or creditor in the bankruptcy proceeding it references; respondent does not contend that the confirmation of an arbitration award is a core proceeding as to which the bankruptcy court has the power to enter a final judgment; and respondent invokes no authority for an Article III court to refer the matter to the bankruptcy court, which does not have Article III powers.
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SinSin Europe Solar Asset Limited Partnership v. SPI Energy Co. Ltd., 2:22-CV-01991-MCE-JDP (E.D. Cal. Oct. 2, 2023)10/02/2023
Court granted petition to confirm arbitration awards under the New York Convention. Court awarded attorneys’ fees to petitioner based on respondent’s refusal to pay valid arbitral awards, forcing petitioners to bring the instant action. Court declined to order injunctive relief in the form of a worldwide asset freeze until petitioners could show that respondent is refusing to comply with the court’s orders after judgment has been entered.
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McGuire v. Safeguard Metals, LLC, 2:23-CV-05874-SVW-MRW (C.D. Cal. Sep. 28, 2023)09/28/2023
Court granted petition to confirm an arbitration award pursuant to the FAA where respondents accepted service but declined to respond to the petition.
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Gresham v. Safeguard Metals, LLC, 2:23-CV-06036-SVW-MRW (C.D. Cal. Sep. 28, 2023)09/28/2023
Court granted petition to confirm an arbitration award pursuant to the FAA where respondents accepted service but declined to respond to the petition.
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In re: Application of Caterpillar Credito, No. 1:22-MC-00412-GBW (D. Del. Sep. 28, 2023)09/28/2023
Court granted in part an application pursuant to 28 USC § 1782 for leave to serve subpoenas on credit card companies seeking records for use in an action pending in Curaçao court where the statutory factors were met and the discretionary factors weighed in favor of granting discovery. Court limited petitioner’s use of the records to the Curaçao proceeding and prohibited their use in an ongoing ICC arbitration. Court denied in part the application where the time requested for the subpoenas was overly broad.
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Fasano v. Li, No. 1:16-CV-08759-KPF (S.D.N.Y. Sep. 27, 2023)09/27/2023
Court granted plaintiffs’ motion to compel arbitration where plaintiffs did not impliedly or expressly waive their right to arbitrate their common-law claims and there had been almost no litigation on the merits of the dispute. Court denied defendants’ motion to dismiss and stayed the case pending the completion of the arbitration.
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Magual v. Dager, No. 1:23-CV-23491-RAR (S.D. Fla. Sep. 27, 2023)09/27/2023
Court granted application to confirm an ICC arbitral award under the Inter-American Convention on International Commercial Arbitration, where none of the grounds for refusal or deferral of recognition of the award existed. Court found that petitioners were entitled to recover their costs and reasonable attorneys’ fees incurred in confirming the award, because respondent demonstrated bad faith conduct in his refusal to abide by the award and through his conduct in the ICC arbitration.
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First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc., No. 1:23-MC-00001-AJT-WEF (E.D. Va. Sep. 22, 2023)09/22/2023
Court granted motion to confirm five partial arbitration awards, two joint stipulations, and a final award, finding that the limitations period for confirmation began to run from the date of the final award and therefore, the motion to confirm was timely pursuant to the FAA and the New York Convention. Court denied interest on the two stipulations where interest was not contemplated by the parties.
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Wallrich v. Samsung Electronics America, Inc., 1:19-CV-04560 (N.D. Ill. Sep. 12, 2023)09/12/2023
Court granted in part respondent’s motion to dismiss, in part, and held that several petitioners seeking relief under the Illinois Biometric Information Privacy Act failed to plead proper venue. Court denied respondent’s motion to dismiss as to the remaining petitioners by taking “judicial notice of today’s norm that smartphone users use their smartphone where they live and travel and likely purchased it nearby” and inferring from that fact, plus the pleadings, that those petitioners had established venue. Court found it had subject matter jurisdiction to adjudicate the claim under the New York Convention, since it involved compelling arbitration with a foreign party under a commercial arbitration agreement. Court granted petitioners’ motion to compel arbitration, as to the properly-venued petitioners, finding that there was a valid agreement to arbitrate with a scope covering the dispute, and that respondent had refused to arbitrate by refusing to pay administrative fees owed to AAA. Court further ordered respondent to pay the fees owed to AAA.
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Global Gaming Philippines, LLC v. Razon, 1:21-CV-02655-LGS-SN (S.D.N.Y. Sep. 12, 2023)09/12/2023
Court denied plaintiff’s motion to confirm a foreign arbitral award against debtor defendants and enforce the award against their alleged alter ego without prejudice. As to personal jurisdiction over the debtor defendants, the court reasoned that neither the doctrine of issue preclusion nor judicial estoppel applied to the arbitral tribunal’s findings as to those defendants’ alleged contacts in New York, an agreement allegedly signed in New York, and a road show that allegedly took place in New York. Court found there were disputed issues as to whether the defendants transacted business in New York under New York’s long arm statute and whether they were alter egos of the third defendant. Court held that those two defendants did not consent to personal jurisdiction through the at-issue agreement, and there was no jurisdiction under Federal Rule of Civil Procedure 4(k)(2). As to the third defendant, court held there were disputed issues regarding his status as the alter ego for purposes of enforcing the award and denied cross-motions for summary judgment on that basis.
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Salzgitter Mannesmann International (USA) Inc. v. Esmark, Inc., 3:22-CV-00030 (S.D. Tex. Sep. 11, 2023)09/11/2023
Court granted petitioner’s motion to confirm an arbitration award and denied respondents’ motion to vacate the arbitration award under the New York Convention. Court held that the disclosure by one of the arbitrators of his daughter’s employment as a non-lawyer at the law firm representing the petitioner did not constitute a significant compromising relationship; and the arbitration panel did not display actual bias through its decisions made during the final hearing. Court also rejected one respondent’s argument that the award could not be enforced because the final award listed the name of an entity different from the name of respondent, reasoning that a technical defect in an arbitration award, such as misnaming a party, does not prevent confirmation of the award.
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Office Create Corporation v. Planet Entertainment, LLC, 1:22-CV-08848-ER (S.D.N.Y. Sep. 11, 2023)09/11/2023
Court granted petition to confirm arbitral award and denied respondents’ cross-petition to vacate the award pursuant to the FAA and New York Convention. Court found that respondents’ arguments did not fit within the limited circumstances in which the court may vacate the award because the award was the product of the parties’ agreements to submit to arbitration; the parties were represented by counsel and actively participated in the arbitration; and the tribunal’s award as to both jurisdiction and the merits were based on detailed reasoning that did not constitute a manifest disregard of the law.
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Terris v. Sprint Corporation, 8:23-CV-01033-WFJ-AAS (M.D. Fla. Sep. 11, 2023)09/11/2023
Court denied defendant’s motion to compel arbitration, holding that it had waived its arbitration rights by demonstrating a clear intent to litigate prior to asserting any arbitration rights. Court acknowledged that the U.S. Supreme Court’s decision in Morgan v. Sundance, Inc., cast doubt on the import of prejudice in the Eleventh Circuit’s test for waiver of arbitration rights, but nonetheless found that plaintiff was prejudiced by defendant’s belated assertion of arbitration rights.
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Preble-Rish Haiti, S.A. v. Republic of Haiti, No. 22-CV-07503-PKC (S.D.N.Y. Sept. 7, 2023)09/07/2023
Court denied respondent’s motion for stay of enforcement of arbitration award pending appeal, finding that respondent did not make a strong showing that its appeal was likely to succeed on the merits; respondent did not demonstrate it would suffer irreparable injury absent a stay pending appeal; there was little likelihood of substantial injury to nonmoving party; and public policy considerations did not weigh in favor of stay. Court granted respondent a temporary administrative stay of fourteen days to allow it to seek relief under Federal Rule of Appellate Procedure 8(a).
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Telecom Business Solution, LLC v. Terra Towers Corp., No. 22-CV-1761-LAK (S.D.N.Y. Sept. 6, 2023)09/06/2023
Court granted petition to confirm arbitration award and denied respondents’ cross-petition to vacate the award pursuant to the FAA, finding that the tribunal did not manifestly disregard the law; respondents failed to identify any evidence that they were prevented from presenting in the arbitration and likewise failed to establish any misconduct by the tribunal that rendered the arbitration fundamentally unfair; the tribunal did not exceed its scope of powers; and the arbitration award was not the product of “evident partiality” of the tribunal.
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FG Hemisphere Associates, LLC v. Democratic Republic of Congo, 22-CV-02369-PJM (D. Md. Sept. 5, 2023)09/05/2023
Court denied motion to dismiss complaint seeking, among other things, that a constructive trust be imposed upon certain assets of defendants for the execution on two judgments arising out of International Court of Arbitration awards. Court found that plaintiff had standing; there was no statute of limitations issue on the face of the complaint; and plaintiff pleaded sufficient facts to permit defendants to respond and for the case to go forward. Court granted motion for writ of attachment before judgment, finding that plaintiff was entitled to attachment before judgment and was not required to proceed by way of garnishment pursuant to Maryland law.
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United States v. Water Quality Insurance Syndicate, No. 8:22-CV-02158-TBP-CPT (M.D. Fla. Aug. 31, 2023)08/31/2023
Court granted motion to compel arbitration pursuant to the New York Convention, finding the non-signatory defendant was a party to an arbitration agreement through the “direct benefits estoppel” theory. Defendant sought payment and indemnity under the contract containing an arbitration agreement between the vessel operator and insurer, thus embracing the contract, and consenting to arbitration. Considering the binding arbitration agreement, court denied third party defendant’s motion to dismiss, finding it more appropriate to stay the proceedings pending arbitration.
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W.J. Deutsch & Sons Ltd. v. Diego Zamora S.A., No. 1:21-CV-11003-LTS (S.D.N.Y. Aug. 30, 2023)08/30/2023
Court granted petitioner’s motion for alternative service nunc pro tunc, finding previous attempts to serve the respondent by email, certified mail, Federal Express, and the Spanish Central Authority, were not prohibited by international agreement and comported with constitutional notions of due process. Court also granted respondents’ motion to dismiss and denied petitioner’s application to vacate the parties’ arbitration award, where there was no evidence to show the arbitral tribunal ignored principles of collateral estoppel in issuing its award.
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Ivan v. Interactive Brokers LLC, No. 22-CV-03999-LTS (S.D.N.Y. Aug. 25, 2023)08/25/2023
Court denied petitioners motion to vacate FINRA arbitration award finding petitioners’ arguments unavailing that the arbitrator exceeded its authority and violated public policy, failed to provide for fundamental fairness during the proceedings, and acted in manifest disregard of the law. Court granted respondent’s cross-motion to confirm the award under the New York Convention.
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Athene Holding Ltd. v. Dang, No. 1:23-MC-00171-JHR-SLC (S.D.N.Y. Aug. 21, 2023)08/21/2023
Magistrate judge granted in part and denied in part an application for discovery pursuant to 28 USC § 1782 seeking documents and records from three arbitration proceedings and an action in New York Supreme Court for use in a civil action in Bermuda. The magistrate judge ordered the parties to meet and confer to determine which documents and testimony are relevant to the claims in Bermuda.
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Fitzgerald v. Wildcat, Sr., No. 3:20-CV-00044-NKM-JCH (W.D. Va. Aug. 18, 2023)08/18/2023
Court denied motion to compel arbitration finding that a valid arbitration agreement did not exist pursuant to the FAA where loan agreements waived all state substantive rights and remedies in violation of public policy. Although there was a clause delegating questions of arbitrability to arbitration, the court assessed the enforceability of the delegation clause given plaintiff’s challenge to its validity.
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Grupo Unidos Por El Candel S.A. v. Autoridad Del Canal de Panama, No. 21-14408 (11th Cir. Aug. 18, 2023)08/18/2023
Court of appeals affirmed the denial of vacatur under Chapter of the FAA and the confirmation of two arbitral awards under the New York Convention where arbitrators failed to disclose their involvement in unrelated arbitrations. Court of appeals agreed with the district court that the losing party presented nothing near the high threshold required for vacatur.
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Andes Petroleum Ecuador Ltd. v. Occidental Exploration and Production Co., No. 21-3039 (2d. Cir. Aug. 18, 2023)08/18/2023
Court of appeals affirmed judgment of district court in part and vacated in part. Court of appeals upheld district court’s confirmation of the arbitration award as there was no evidence in the record that an arbitrator’s nondisclosure of a professional connection to petitioner’s counsel from an unrelated prior arbitration and arbitration conferences interfered with the composition of the arbitral authority. Court of appeals vacated the district court’s award of pre-judgment interest because it was not confident that the district court accurately calculated the compound interest.
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Keller North America, Inc. and Hampton Roads Connector Partners v. Certain Underwriters at Lloyd’s of London, No. 23-CV-00056-MSD-LRL (E.D. Va. Aug. 15, 2023)08/15/2023
Court granted defendants’ motion to stay and compel arbitration finding that Virginia’s McCarran-Ferguson Act, which prohibits enforcement of arbitration agreements in insurance contracts, does not apply to cases involving arbitration agreements with foreign parties that are subject to the New York Convention, and therefore, arbitration was the appropriate venue.
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In re Application of Alpene, Ltd. for an order directing discovery from McGaul pursuant to 28 USC § 1782, No. 1:21-MC-02547-MKB-RML (E.D.N.Y. Aug. 15, 2023)08/15/2023
Court adopted magistrate judge’s order quashing and granting a protective order as to petitioner’s discovery requests for use in an ICSID arbitration pursuant to 28 USC § 1782. Court found that the ICSID arbitration panel did not qualify as a foreign or international tribunal within the meaning of § 1782, so petitioner was not entitled to seek discovery.
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Assuranceforeningen Skuld (Gjensidig) and Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd. v. M&F Fishing, Inc., No. 2:23-CV-00960-JCM-BNW (D. Nev. Aug. 11, 2023)08/11/2023
Court granted petition to confirm foreign arbitral award pursuant to the New York Convention, finding that none of the grounds for refusal or deferral of recognition of the award existed and concluding that respondent’s failure to oppose the petition constituted consent to granting the motion under the court’s local rules.
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Pezold v. Republic of Zimbabwe, No. 21-CV-02004-APM (D.D.C. Aug. 9, 2023)08/09/2023
Court denied Zimbabwe’s motions to dismiss petitioner’s action to recognize ICSID arbitration awards, finding that it had subject matter jurisdiction where none of the FSIA exceptions applied to Zimbabwe, forum non conveniens was inapplicable in an action to enforce arbitral awards against a foreign nation, Zimbabwe was not able to show that petitioners failed to state a claim, and the petitioners were able to demonstrate standing. Court requested a briefing schedule for the parties’ summary judgment motions, prior to deciding the enforcement issue.
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DAK Property Holdings, Inc. v. Independent Specialty Insurance Company, No. 2:23-CV-00497-SPC-KCD (M.D. Fla. Aug. 8, 2023)08/08/2023
Court granted defendants’ motion to compel arbitration pursuant to the New York Convention, finding plaintiff had not shown the parties’ agreement was null and void, inoperative or incapable of being performed. Court further stayed the proceedings pending arbitration.
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Compagnie Des Grands Hôtels D’Afrique S.A., v. Starman Hotel Holdings LLC and Starwood Capital Group Global I, No. 1:18-CV-00654-SB-SRF (D. Del. Aug. 8, 2023)08/08/2023
Court granted defendants’ motion for summary judgment on the grounds that plaintiff did not sufficiently justify the extreme remedy of veil piercing to recover its arbitral award.
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Acorda Therapeutics, Inc. v. Alkermes PLC., No. 1:23-CV-00223-NRM (S.D.N.Y. Aug. 4, 2023)08/04/2023
Court denied plaintiff’s petition to modify arbitration award in part and confirmed the award in its entirety. Court found plaintiff’s argument that the tribunal manifestly disregarded applicable and preemptive federal law unpersuasive citing the Supreme Court’s decision in Hall St. Assocs., LLC v. Mattel, Inc., which cast doubt on the viability of the manifest disregard doctrine. Further, the court concluded that while the Second Circuit has recognized the doctrine, it has done so only as a basis for vacatur, not modification.
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Allianz Global Corporate & Specialty SE v. HBC US Holdings Inc., No. 1:23-CV-00553-JLR (S.D.N.Y. Aug. 4, 2023)08/04/2023
Court granted the petition to appoint an umpire in pending arbitration, pursuant to the FAA and appointed a neutral umpire.
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Shenzhen Zongheng Domain Network Co., Ltd. v. Amazon.com Services LLC, No. 1:23-CV-03334-JLR (S.D.N.Y. Aug. 4, 2023)08/04/2023
Court denied petitioner’s motion to remand the case to state court, finding that the court had subject matter jurisdiction pursuant to 9 USC § 203, because petitioner is a Chinese company with its principal place of business in China, and thus the dispute is not “entirely domestic.”
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SolarPark Korea Co., Ltd. v. Solaria Corporation, No. 3:23-CV-01181-AMO (N.D. Cal. Aug. 2, 2023)08/02/2023
Court granted plaintiff’s motion for preliminary injunction enjoining defendants from using, or providing access to, plaintiff’s trade secrets, but denied plaintiff’s motion to enjoin allegedly defamatory speech. Court granted defendants’ motion to stay the litigation pending arbitration. The court concluded that it could consider the merits of the motions because the parties’ arbitration agreement provides an exception to arbitration for certain claims of equitable relief, such as the injunctions sought by plaintiff for trade secret misappropriation and defamation. Court found that plaintiff properly brought claims to the court that were not within the scope of the arbitration agreement, and thus, dismissal was not warranted, but issued a stay pending arbitration.
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Angle World LLC v. Jiangsu Beier Decoration Materials Co., LTD., No. 2:20-CV-05939-AB (E.D. Penn. July 31, 202307/31/2023
Court granted, in part, defendant’s motion to dismiss and ordered the case be submitted to arbitration in accordance with the terms of the parties’ agreement. Court found that the forum-selection clause in the agreement provides for arbitration at either the China International Economic and Trade Arbitration Commission (CIETAC) or a forum in the United States that applies CIETAC’s rules. However, because the parties had already been unsuccessful in finding a mutually agreeable forum that would apply CIETAC’s rules, court compelled arbitration at CIETAC.
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Lee Construction, LLC v. Bratton, 1:22-CV-00196-CEA-SKL (E.D. Tenn. Jul. 28, 2023)01/19/2024
Court denied plaintiff’s motion to compel arbitration, finding that plaintiff waived its right to arbitration by commencing the litigation. Under the Morgan v. Sundance analysis set forth by the Supreme Court, court held that by filing this litigation without mentioning arbitration in the complaint, plaintiff “demonstrated a clear and unequivocal intent to disregard the arbitration agreement” and waived the ability to compel arbitration.
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Hidroeléctrica Santa Rita, S.A., v. Corporación AIC, S.A., No. 1:21-CV-23807-RNS (S.D. Fla. July 28, 2023)07/28/2023
Court granted plaintiff’s petition to confirm an arbitration award under the Inter-American Convention, applying the New York Convention’s case law to interpret its provisions. Court applied § 208 of the FAA to determine that defendants failed to overcome the high hurdle required for vacatur of an arbitration award on the basis that arbitrators exceeded their powers.
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Seifert v. United Built Homes, LLC, No. 3:22-CV-01360-E (N.D. Tex. July 27, 2023)07/27/2023
Court granted motion to compel arbitration, finding a valid agreement to arbitrate and a valid delegation clause under the FAA. Court found that defendant’s issuing a notice of default did not meet the Fifth Circuit’s requirements for waiver of arbitration because it did not inflict prejudice or detriment on the opposing party.
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Kora Pack Private Limited v. Motivating Graphics LLC, No. 4:22-CV-00377-BP (N.D. Tex. July 27, 2023)07/27/2023
Court denied defendant’s motion for summary judgment, holding that having strategically declined to participate in arbitration, waiting nearly twenty months after the selection of arbitrators was too late to object to the manner of appointment. Court granted plaintiff’s motion to enforce an arbitration award under the NY Convention’s secondary jurisdiction, finding that defendants objected to the composition of the arbitration panel too late, failed to show the arbitration agreement was invalid as a matter of law, and failed to show that the award either exceeded the scope of the agreement or was contrary to US public policy.
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Navajo Transitional Energy Company, LLC v. BNSF Railway Company, No. 22-CV-00146-SPW-KLD (D. Mont. July 24, 2023)07/24/2023
Magistrate judge recommended granting a motion to compel arbitration and stayed proceedings pending arbitration pursuant to the FAA, concluding that because the two agreements between the parties, only one of which included an arbitration clause, were closely intertwined and operationally linked, plaintiff’s broad allegations necessarily involved the agreement with the arbitration clause.
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Rabinowitz v. Kelman, No. 22-1747 (2d Cir. July 24, 2023)07/24/2023
Court of appeals vacated district court’s dismissal of petition to confirm arbitral award and remanded for further proceedings. Court of appeals found the petition adequately pleaded subject matter jurisdiction based on diversity of citizenship and that the forum selection clause in the parties’ arbitration agreement did not bar the action from proceeding in federal court.