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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State Farm Fire and Casualty Company v. Gates, Shields & Ferguson, P.A., No. 2:14-CV-02392-EFM-GLR (D. Kan. July 1, 2016)07/01/2016
Arbitration defense rejected. Court held that while defendant may have demanded arbitration before plaintiff filed suit, it never filed a motion to compel arbitration in the pending litigation, as required under § 4 of the FAA, and therefore court need not consider whether issues in dispute are covered by the parties’ arbitration agreement.
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Hotel Investors Inc. v. Modular Steel Systems Inc., No. 4:16-CV-01337-MWB (M.D. Pa. July 1, 2016)07/01/2016
Motion for emergency temporary injunction denied. Court found that although plaintiff showed it was likely to succeed on the merits in the pending arbitration, it failed to show that it would be irreparably injured if defendant were not enjoined from selling, transferring, alienating, or exercising any control over assets relating to the agreement at issue in the arbitration.
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Trustees for the Mason Tenders District Council Welfare Fund v. Sukhmany Construction Inc., No. 1:15-CV-07200-PAE (S.D.N.Y. July 1, 2016)07/01/2016
Petition to confirm arbitration award granted. Court held it had a duty to review an unopposed motion for confirmation of an arbitration award and, in doing so, found that the arbitrator acted within the scope of the authority granted him by the parties and relied upon “substantial and credible evidence” to support his award.
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Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company, No. 1:16-CV-00030-MR-DLH (M.D.N.C. July 1, 2016)07/01/2016
Motions to compel arbitration and stay all pending deadlines in court action granted, and motions to stay, deny, and enjoin arbitration denied. Court held that the parties’ dispute fell within the scope of an arbitration agreement and that the arbitration clause’s requirement that a decision by the arbitral tribunal be issued within 30 days did not render the agreement unenforceable.
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Wells Fargo Advisors, L.L.C. v. Tucker, No. 15-CV-07722-VEC (S.D.N.Y. July 1, 2016)07/01/2016
Petition to dismiss or stay pending class arbitration and compel individual arbitration denied. Court held that it is for the arbitrator, not the court, to determine whether, under the terms of the arbitration clause, respondents are entitled to arbitrate on a collective or class-wide basis.
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Neal v. Asta Funding, Inc., No. 2:14-CV-03550 (D.N.J. June 30, 2016)06/30/2016
Motions to confirm arbitration award and dismiss petition to vacate award granted. Court held plaintiffs were bound to arbitrate under theories of veil piercing, equitable estoppel, and successor interest; and that the arbitrator neither declined to hear relevant evidence nor exceeded his authority, and the award was not procured through fraud or corruption.
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J. Christopher Reece v. Chambrel at Montrose-Brookdale, No. 5:15-CV-02117-SL (N.D. Ohio June 30, 2016)06/30/2016
Motion to compel arbitration and stay claim dismissed. Court refused to compel beneficiaries to arbitrate wrongful death claims where they did not sign the arbitration agreement. Under Ohio law, the wrongful death claim is separate and apart from any claim for injuries sustained by the deceased, whose signature on an arbitration agreement cannot bind her beneficiaries.
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Cable System Installations Corp. v. International Brotherhood of Electrical Workers, No. 1:12-07447 (D.N.J. June 30, 2016)06/30/2016
Motion to confirm arbitration award granted and cross-motion to vacate award denied. In confirming the award, court held that first cross-petitioner’s claims of bias were insufficient to overcome the strong presumption in favor of enforcing arbitration awards. However, the award could not be confirmed against the second cross-petitioner because the determination of whether a non-signatory party is an alter ego is a matter for the court and not the arbitrator to decide.
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A-Tech Concrete Company, Inc. v. Northeast Regional Council of Carpenters, No. 2:15-CV-08055-CCC-MF (D.N.J. June 30, 2016)06/30/2016
Motion to vacate arbitration award denied and cross-motion to confirm arbitration award granted. Court found that the award drew its essence from the collective bargaining agreement and the arbitrator did not exceed the scope of his powers or demonstrate a manifest disregard for the collective bargaining agreement. Further, since the award related solely to the first petitioner, court rejected petitioners’ allegation that dispute was not substantively arbitrable on the basis that the second petitioner did not have a collective bargaining agreement with the respondent.
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Cely Tablizo v. City of Las Vegas, No. 2:14-CV-00763-APG-VCF (D. Nev. June 30, 2016)06/30/2016
Motion for summary judgment on res judicata grounds denied. Court held that prior arbitration award in favor of defendant does not bar re-litigation of plaintiff’s claims under federal statutory law. The arbitration award has no preclusive effect under the Full Faith and Credit Act, 28 U.S.C. § 1738, since nothing in the record shows it was confirmed by a court, no judicially fashioned rule of claim preclusion applies, and the arbitration grievance procedure in the parties’ collective bargaining agreement clearly and unmistakably does not apply to the federal statutory claims the arbitrator ruled on.
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Richards v. Gibson, 1:15-CV-00007-LG-RHW (S.D. Miss. June 30, 2016)06/30/2016
Motion to confirm arbitration award granted. Court held that there were no grounds to vacate, modify, or correct the award under §§ 10 or 11 of the FAA, and the court was therefore required to confirm the award. Court further held that the parties’ agreement to keep the arbitration proceedings confidential did not trump the FAA’s provisions authorizing actions to vacate or confirm the award.
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Vixicom v. Four Corners Direct, No. 8:16-CV-00703-T-–MSS-JSS (M.D. Fla., June 30, 2016)06/30/2016
Court granted motion for entry of default judgment and confirmed arbitration award. Court held that it must confirm the arbitration award under the FAA, since by submitting to the commercial rules of the AAA, the parties agreed that judgment should be entered upon the award; plaintiff made its request for confirmation within the applicable one year time limit; and the award had not been vacated, modified, or corrected and the time limit for doing so now had passed.
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Balberdi v. Fedex Ground Package System Inc., No. 1:15-CV-00481 (D. Haw. June 29, 2016)06/29/2016
Motion to vacate arbitration award denied. Court found that arbitrator neither showed evident partiality nor failed to consider material evidence and that the arbitrator did not exceed her powers by apply a civil litigation statute of limitations to the arbitration proceeding.
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Hidalgo v. Tesla Motors Inc., No. 5:15-CV-05185 (N.D. Cal. June 29, 2016)06/29/2016
Motion to compel arbitration and stay litigation granted. Court held arbitration agreement was valid and enforceable, rejecting plaintiff’s argument that it was procedurally and substantively unconscionable.
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Trustees of the New York City District Council of Carpenters Pension Fund v. Bronx Base Builders, Ltd., No. 1:15-CV-04438 (S.D.N.Y. June 29, 2016)06/29/2016
Petition to confirm arbitration award granted. Petitioners established there was no genuine issue of material fact and that they were entitled to judgment as a matter of law as the arbitrator’s decision was based on review of substantial and credible evidence.
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Kensington Community, Corporation for Individual Dignity v. National Union of Hospital and Healthcare Employees, No. 2:15-CV-02942-CMR (E.D. Pa. June 29, 2016)06/29/2016
Motion for summary judgment and motion to enforce arbitration award granted. Court held that award did not violate public policy and drew its essence from the collective bargaining agreement.
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Ashley Slatten v. Jim Glover Chevrolet Lawton, LLC, No. 5:15-CV-01180-D (W.D. Okla. June 29, 2016)06/29/2016
Motion to compel arbitration and stay court proceedings denied. Court held that enforcement of the arbitration agreement in this case would prevent the effective vindication of plaintiffs’ statutory claims under the Magnuson-Moss Warranty Act since defendant does not dispute plaintiffs’ assertion that they cannot afford to pay their share of an arbitrator’s fee, nor challenge as insufficient plaintiffs’ showing that enforcement of the arbitration agreement would be cost prohibitive.
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William Charles Const. Co., LLC v. Teamsters Local Union 627, No. 15-01613 (7th Cir. Jun. 29, 2016)06/29/2016
Court of appeals reversed the district court’s decision to grant defendant’s summary judgment motion to enforce a pair of Joint Grievance Committee awards. Court held that, contrary to the district court’s ruling, plaintiff’s challenge to the Joint Grievance Committee awards was not barred by a statute of limitations because plaintiff did not receive a notice of the awards’ final entry. Court further held that the greater of the two Joint Grievance Committee awards was void because plaintiff did not agree to arbitration by the Joint Grievance Committee.
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Coleman v. LVNV Funding LLC, No. 1:15-CV-11338 (N.D. Ill. June 28, 2016)06/28/2016
Motion to compel arbitration granted. Court held that arbitration agreement entered into as part of contract to obtain a credit card was enforceable and covered claims in dispute.
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Tajonar v. Echosphere LLC, No. 3:14-CV-02732 (S.D. Cal. June 28, 2016)06/28/2016
Motion for reconsideration granted. Court directed that plaintiff’s claims were to be presented to AAA arbitrator since the arbitration agreement’s reference to the AAA arbitration rules constitutes clear and unmistakable evidence that the parties agreed to arbitrate arbitrability.
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Wior v. BellSouth Corp., No. 1:15-CV-02375-ELR (N.D. Ga. June 28, 2016)06/28/2016
Motion to compel arbitration and stay litigation granted. Court held that FAA, not state law, governed rules of arbitration despite state choice of law provision in arbitration agreement; and that defendant did not waive right to arbitration by delaying approximately six years in bringing forth arbitration.
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Miller v. Tri Marine Fish Company, No. 2:16-CV-02203-JAK-SS (C.D. Cal. June 28, 2016)06/28/2016
Motion to remand action to state court denied. Court held that removal of action to federal court was appropriate since the arbitration agreements at issue fell under 9 USC § 205 and the New York Convention and because they related to the subject matter of the plaintiff’s claims.
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Lozada v. Progressive Leasing, No. 15-CV-2812-KAM-JO (E.D.N.Y. June 28, 2016)06/28/2016
Motion to compel arbitration and stay court action pending arbitration granted. Court held the parties agreed to arbitration and the plaintiff’s claim falls within the scope of the arbitration provision since the provision applies to “any dispute” and hence is broad in scope and creates a presumption of arbitrability. Court affirmed its agreement with other courts that have found no indication that Congress intended Telephone Consumer Protection Act claims to be nonarbitrable.
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A & C Discount Pharmacy, L.L.C. v. Caremark, L.L.C., No. 3:16-CV-0264-D (N.D. Tex. June 27, 2016)06/27/2016
Motion to compel arbitration granted and request for preliminary injunctive relief not decided. Where court decides to compel arbitration, the parties’ incorporation of the AAA arbitration rules is clear and unmistakable evidence that the parties agreed that the arbitrator has the primary power to decide whether a request for preliminary injunctive relief is arbitrable.
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Humphrey v. Cheddar’s Casual Café Inc., No. 5:16-CV-00704-CLS (N.D. Ala. June 27, 2016)06/27/2016
Motion to dismiss action and compel arbitration partially granted. Court held that arbitration agreement signed with an electronic signature was valid and enforceable. The defendant was not required to prove that the plaintiff’s e-signature was in fact her signature.
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South East Color, Inc. v. BASF Corp., No. 3:16-CV-0877 (M.D. Tenn. June 27, 2016)06/27/2016
Motion to compel arbitration granted. Court held that where an arbitration agreement has not been negated expressly or by clear implication the agreement continues to apply after the expiration of the contract.
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Esmerald Hamzaraj v. ABM Janitorial Northeast Inc., No. 1:15-CV-02030-ER (S.D.N.Y. June 27, 2016)06/27/2016
Motion to compel mediation and arbitration granted and action stayed pending arbitration. Court held that plaintiff’s claims were subject to mandatory mediation and arbitration pursuant to the terms of the collective bargaining agreement; and since the claims are arbitrable the action must be stayed pursuant to 9 U.S.C. § 3.
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Attia v. Neiman Marcus Group, Inc., No. 8:16-CV-00504-DC-FFM (C.D. Cal. June 27, 2016)06/27/2016
Court granted motion to compel arbitration of plaintiff’s individual claims and stayed the action to address the one outstanding claim until the completion of arbitration. Court found the delegation clause unenforceable as both procedurally or substantively unconscionable.
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Adtile Technologies Inc. v. Perion Network Ltd., No. 1:15-CV-01193 (D. Del. June 24, 2016)06/24/2016
Motion to compel arbitration and stay action granted. An agreement that contains a broad arbitration clause, including the selection of applicable arbitral rules and an express reference to a separate agreement with a merger clause, overrides selection of federal courts in a separate agreement. Additionally, the arbitrability of each claim should be evaluated by the arbitrator.
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American University of Antigua v. Leeward Construction Co., No. 1:15-1595 (2d Cir. June 24, 2016)06/24/2016
District court order confirming arbitration award affirmed. Court rejects defendant’s arguments that arbitrators went beyond the scope of the agreement or manifestly disregarded the law.
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Leeward Construction Co. v. American University of Antigua, No. 1:13-1708 (2d Cir. June 24, 2016)06/24/2016
District court order confirming arbitration award affirmed. Court holds that the arbitration panel did not fail to produce a reasoned award; an award need not contain a line-by-line analysis of the damages awarded to be considered reasoned.
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Union Pacific Railroad Co. v. BNSF Railway Co., No. 8:16-CV-0063 (D. Neb. June 24, 2016)06/24/2016
Court granted motion to dismiss. Court held that whether or not to consolidate claims is a decision left to the arbitrator, and therefore the court would not enjoin a party from bringing counterclaims to on-going arbitration.
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Cyber Imaging Sys., Inc. v. Eyelation, Inc., No. 5:14-CV-00901-BO (E.D.N.C. Jun. 24, 2016)06/24/2016
Court granted plaintiff’s motion to enforce an arbitration award. Court held that because the arbitration award had not been vacated, modified, or corrected, it should be confirmed and enforced.
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Sweet v. ISS Facility Services, Inc., No. 8:15-CV-02849 (M.D. Fla. June 23, 2016)06/23/2016
Motion to compel arbitration granted and action stayed pending completion of arbitration. Court finds a clear and unmistakable intent of the parties to require an arbitrator to determine the validity of the arbitration agreement; the claims at issue were therefore “referable to arbitration,” as contemplated by § 3 of the FAA.
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NTCH, Inc. and PTA-FLA, Inc. v. Huawei Technologies USA, Inc., No. 3:15-3631 (D.S.C. June 23, 2016)06/23/2016
Motion to confirm AAA arbitration award granted and motion to vacate the award denied. Court holds that panel did not manifestly disregard the law.
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Westport Resources Management Inc. v. DeLaura, No. 3:16-CV-00873 (D. Conn. June 23, 2016)06/23/2016
Motion for temporary restraining order granted, enjoining defendant from soliciting or inducing plaintiff’s clients to end their relationship with the plaintiff, pending the outcome of an expedited FINRA arbitration. Court found that the plaintiff had shown a likelihood of success on the merits and a risk of irreparable harm if the restraining order were not granted.
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Adams v. Chrysler LLC FCA, No. 3:15-CV-01044 (N.D. Ohio June 23, 2016)06/23/2016
Motion to confirm arbitration award granted. Court rejected plaintiff’s claim that arbitrator was evidently partial as plaintiff introduced no evidence supporting claim that arbitrator denied him a fair hearing and offered no facts indicative of arbitrator’s improper motives.
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Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor Management Cooperation, Pension and Welfare Funds v. Pisgah Builders, Inc., No. 2:15-CV-02547-ADS-SIL (E.D.N.Y June 23, 2016)06/23/2016
Magistrate judge recommended and court later adopted the confirmation of a January 22, 2015 arbitration award rendered pursuant to a collective bargaining agreement. Because respondent failed to appear in this action, the magistrate judge reviewed the proceedings as an unopposed motion for summary judgment and found that the petitioners had “met their burden of demonstrating that there [was] no issue of material fact precluding” confirmation of the award. Magistrate judge also recommended that petitioners be granted attorneys’ fees and costs.
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GGNSC Camp Hill West Shore, LP v. Thompson, No. 1:15-CV-00445 (M.D. Pa. June 22, 2016)06/22/2016
Petition to compel arbitration granted following limited discovery on the issues of validity and enforceability of the arbitration agreement. Court holds that the arbitration agreement is neither procedurally nor substantively unconscionable.
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Golden Gate Nat’l Senior Care, LLC v. Fleshman, No. 3:15-CV-00891 (W.D. Ky. June 22, 2016)06/22/2016
Motion to dismiss suit seeking to compel arbitration denied. Court refuses to carry out factual inquiries concerning defendant’s competency to sign the arbitration agreement and the alleged unconscionability of the arbitration provision; that analysis is to be carried out when considering the motion to compel arbitration.
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Diversicare Highlands, LLC v. Lee, No. 3:15-CV-00836 (W.D. Ky. June 22, 2016)06/22/2016
Motion to compel arbitration granted with respect to all claims except wrongful death. Court concludes that the arbitration agreement is neither procedurally nor substantively unconscionable but holds that the defendant, who signed the arbitration agreement as attorney-in-fact on behalf of her husband, did not have authority to agree to arbitration of the wrongful death suit.
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GE Transp. Co., Ltd. v. A-Power Energy Generation Sys., Ltd., No. 1:15-CV-06194 (S.D.N.Y. June 22, 2016)06/22/2016
Petition to recognize an HKIAC award granted. Judgment entered against the respondent in the underlying arbitration, who is enjoined from transferring or otherwise dissipating its assets pending full payment. However, court finds that it has no authority to enter judgment against entities related to the respondent under an alter-ego joint and several liability theory.
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Laudano v. Credit One Bank, No. 1:15-CV-07668 (D.N.J June 22, 2016)06/22/2016
Motion to dismiss without prejudice and compel arbitration denied. Court holds that arbitrability is not apparent from the face of the complaint and directs the parties to conduct limited discovery on the issue of whether the parties have entered into a valid agreement to arbitrate.
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Verizon New England Inc. v. NLRB, No. 1:15-1062 (D.C. Cir. June 21, 2016)06/21/2016
Following review for abuse of discretion, the court reversed the decision of the National Labor Relations Board (NLRB) who had overturned an arbitration award. Court held that the NLRB misapplied the highly deferential Spielberg-Olin standard for review of awards in labor arbitration; the award was not “clearly repugnant” to the National Labor Relations Act; and the NLRB decision was unreasonable.
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UBS Financial Services, Inc. v. Zimmerman, No. 5:16-CV-00155 (E.D.N.C. June 21, 2016)06/21/2016
Motion to dismiss or, in the alternative, to compel arbitration dismissed. Court held that defendant is not a customer of the plaintiff and therefore not entitled to FINRA arbitration. Court compares motion to compel arbitration to a motion for summary judgment, in that it will be granted where there is no genuine dispute despite inferences being drawn in favor of the non-moving party.
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Citizen Potawatomi Nation v. State of Oklahoma, No. 5:16-CV-00361 (W.D. Okla. June 21, 2016)06/21/2016
Motion to vacate arbitration award on the basis that, inter alia, the arbitrator exceeded his powers by failing to limit the award to enforcing the parties’ agreement denied; application for confirmation of the award granted.
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John Hancock Life Ins. Co. (U.S.A) v. Employers Reassurance Corp., No. 1:15-CV-13626 (D. Mass. June 21, 2016)06/21/2016
Petition to remove an arbitrator for lack of qualifications specified by the parties’ agreement denied. Court held that neither § 4 or § 5 of the FAA provide authority to remove an arbitrator timely appointed prior to the conclusion of the arbitration.
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Home Buyers Warranty Corp. and Nat’l Home Insurance Co. v. Jones, No. 1:15-MC-00324 (D. Del. June 21, 2016)06/21/2016
Magistrate Judge appropriately recommended that motion to compel arbitration and stay action pending resolution of the arbitration be granted. Following de novo review, court holds that, inter alia, the agreement to arbitrate arbitrability is valid and enforceable.
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Keena v. Groupon Inc., No. 3:15-CV-00520-GCM (W.D.N.C. June 21, 2016)06/21/2016
Motion to compel arbitration granted. Court found that the FAA preempts conflicting state law and held that the arbitration agreement was neither illusory nor unconscionable. Court also rejected policy arguments against enforcing arbitration agreements contained in consumer contracts on the basis that such arguments should be addressed to Congress, not the courts.
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Von Maack v. Wyckoff Heights Medical Center, No. 1:15-CV-03951 (S.D.N.Y. June 21, 2016)06/21/2016
Motion to vacate arbitration award denied and motion to dismiss complaint granted. Plaintiff failed to serve motion to vacate within three months of receiving award, as required by §9 of the FAA, and doctrine of equitable tolling was not appropriate based on the facts alleged.