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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In re Application of financialright claims GmbH, No. 1:23-CV-01481-CFC (D. Del. Nov. 18, 2024)11/18/2024
Court granted application to seek discovery from three Delaware LLCs for use in a litigation proceeding in a German court pursuant to 28 U.S.C. § 1782. Court found the application met the three statutory conditions, and that the Intel factors, on balance, supported granting of the application. Court denied motion to dismiss the application in favor of arbitration, finding it lacked subject matter jurisdiction because there was no independent jurisdictional basis in title 28 for a district court to enforce an agreement to arbitrate a § 1782 application.
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Arigna Technology Ltd. v. Longford Capital Fund, III, LP, No. 23-CV-01441-GBW (D. Del. June 5, 2024)06/05/2024
Court granted defendant’s motion to compel arbitration and denied plaintiff’s motion to enjoin arbitration as moot. Court found that defendant, as a non-signatory third party to arbitration agreement, could compel arbitration because the agreement assigned arbitrability disputes to arbitrator, the agreement incorporated a second agreement with defendant by reference, and defendant was third-party beneficiary to arbitration agreement.
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Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC, 1:24-CV-00254-GBW (D. Del. Mar. 27, 2024)03/27/2024
Court granted plaintiff’s motion to remand to Delaware state court, holding, in agreement with the Second Circuit, that § 205 of the FAA does not independently confer subject matter jurisdiction. Court found that it also did not have federal question jurisdiction under § 203 of the FAA, because it was an action to enjoin an arbitration in Panama instead of a motion to compel arbitration or enforce an award.
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Concept Engineering LLC v. Pinterest, Inc., No. 21-CV-01465-MN (D. Del. Mar. 20, 2024)03/20/2024
Court granted defendant’s motion to stay action pending arbitration finding whether a non-signatory can compel plaintiff to arbitrate is a question of arbitrability which was delegated to the arbitrator by “clear and unmistakable” evidence.
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Cephea Valve Technologies, Inc. v. Abbott Laboratories, No. 23-691-GBW-SRF (D. Del. Mar 18, 2024)03/18/2024
Court recommended that the district court grant defendant’s motion to compel arbitration and dismiss the complaint with prejudice upon concluding that the underlying arbitration provision was not ambiguous, unconscionable, or invalid due to fraud. Court further found that certain counts in the complaint fell within the scope of the arbitration provision, which broadly covered “any dispute arising under” the at-issue agreement.
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Mitas Endustri Sanayi Ticaret A.S. v. Valmont Industries Inc., No. 20-CV-01285-CFC (D. Del. Jul. 27, 2021)07/27/2021
Court granted defendant’s motion to compel arbitration of claims alleging misappropriation of trade secrets and deceptive trade practices. Court found that there was a valid arbitration provision in a Non-Disclosure Agreement between the parties.
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Nidec Corporation v. Seargate Technology LLC, No. 1:21-CV-00052-RGA (D. Del. July 20, 2021)07/20/2021
Court granted defendant’s motion to compel arbitration and stayed the case pending arbitration of the issue of arbitrability, finding that the parties unmistakably delegated to the issue of arbitrability to an arbitrator when the parties incorporated the JAMS International Arbitration Rules into their agreement.
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Katz v. The Rittenhouse Organization, Inc., No. 1:19-CV-00546-MN (D. Del. Jan. 23, 2020)01/23/2020
Court granted defendant’s motion to compel arbitration finding that plaintiff’s claims must be arbitrated when the agreement provided that either party may request arbitration, and rejecting plaintiff’s argument that his claims must be litigated because he chose litigation in lieu of arbitration.
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E. Hedinger AG v. Brainwave Science, LLC, No. 1:18-CV-00538-MN (D. Del. Feb. 13, 2019)02/13/2019
Court granted motion to dismiss and compel arbitration. Court rejected arguments that an oral exchange at a hearing constituted waiver of the defendants’ right to arbitrate or that the claims at issue were outside the scope of the arbitral agreement. Court further held that the parties had evidenced an intention to arbitrate even though their agreement referenced a non-existent arbitral institution.
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Temsa Ulasim Araclari Sanayi ve Ticaret A.S. v. CH Bus Sales LLC, No. 1:18-CV-00698-RGA (D. Del. Oct. 9, 2018)10/09/2018
Court stayed motion to enjoin arbitration pending arbitral decision on equivalent question of jurisdiction. Court reasoned that the parties’ incorporation of AAA rules into their agreement left questions of arbitrability to the arbitrator.
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Crystallex International Corporation v. Bolivarian Republic of Venezuela, No. 17-MC-151-LPS (D. Del. Aug. 23, 2018)08/23/2018
Court granted petitioner’s request to seize shares of a Delaware company held by an alter ego of Venezuela to begin enforcement of petitioner’s $1.2 billion judgment against Venezuela. Court stayed sale of shares until it issues a separate order of sale.
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Andre v. Dollar Tree Stores, Inc., No. 1:18-CV-00142-VAC-CJB (D. Del. July 6, 2018)07/06/2018
Court denied defendant’s motion to compel arbitration without prejudice, holding that the plaintiff had cited sufficient facts to bring into question whether a valid arbitration existed. Court ordered limited discovery on that question.
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Cornell University v. Illumina Inc., 1:10-CV-00433-LPS-MPT (D. Del. Apr. 3, 2018)
04/03/2018Court adopted magistrate judge’s recommendation to compel arbitration, rejecting arguments that the arbitration agreement did not sufficiently cover the dispute.
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Blackberry Limited v. Nokia Corporation, No. 1:17-CV-00155-RGA (D. Del. Mar. 28, 2018)
03/28/2018Court denied without prejudice motion to compel arbitration. Court reasoned that the agreement did not cover claims against a third party beneficiary, further rejecting defendants’ equitable estoppel theory for why the court should nevertheless compel arbitration.
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Yeransian v. Markel Corporation, No. 1:16-CV-00808-GMS (D. Del. July 31, 2017)
07/31/2017Court granted defendant’s motion to stay litigation and compel arbitration finding that, even though the contract between the parties did not contain a traditional arbitration agreement, it was nevertheless an agreement to arbitrate and the present dispute fell within the scope of that agreement. Court also found that plaintiff’s arguments that defendant had either waived its right to invoke arbitration or should be estopped from doing so were not applicable.
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Sanum Investment Ltd. v. San Marco Capital Partners LLC, No. 1:16-CV-00320-SLR (D. Del. July 12, 2017)07/12/2017
Court granted motion to dismiss, holding that defendants, as non-signatories to a deed, could enforce an arbitration clause therein against the signatory plaintiffs because the defendants had a sufficiently close relationship to the other executing party to the deed and all of the claims were intertwined with the deed. Court also held the plaintiffs were estopped from avoiding arbitration with the non-signatories.
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Merrill Lynch, Pierce, Fenner & Smith Inc. v. Gigi Jordan and the Hawk Mountain LLC, No. 1:17-CV-00199-RGA (D. Del. Apr. 27, 2017)04/27/2017
Court denied requests for preliminary injunctions to enjoin ongoing arbitration, finding that question of whether the dispute was arbitrable under FINRA rules was to be determined in FINRA arbitration and that there had been no waiver by conduct of the arbitration agreement.
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Chuang v. OD Expense, LLC, No. 1:16-CV-00915-RGA (D. Del. Mar. 22, 2017)03/22/2017
Court denied motion to compel arbitration and stay the action. Court found that of the two arbitration agreements that potentially applied to the dispute, one was too ambiguous to enforce, and the other did not cover the defendants in the case.
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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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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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Advantage Sales & Marketing LLC v. USG Companies Inc., No. 1:15-CV-01225-RGA (D. Del. May 4, 2016)05/04/2016
Motion to compel arbitration and dismiss complaint granted. In reaching its decision, the court was guided by cases decided under Delaware law where the FAA applied.
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Home Buyers Warranty Corporation v. Jones, No. 1:15-MC-00324-RGA (D. Del. May 4, 2016)05/04/2016
Motion to compel arbitration granted and court action stayed pending arbitration. Court held that the agreement to arbitrate all claims, including arbitrability, valid and enforceable, and respondents are bound by their agreement to arbitrate.