Shearman & Sterling LLP | U.S. International Arbitration Digest

Welcome to the Shearman & Sterling US International Arbitration Digest

Shearman & Sterling’s US International Arbitration Digest (US IA Digest) provides a centralized resource for newly released decisions issued by US courts. The US IA Digest collects in one place important decisions on US international arbitration case law issued since January 1, 2016, compiled and organized into categories that are most relevant and useful to practitioners and other interested parties. The Digest will be updated on a rolling basis as new decisions are issued.

Newly Released Decisions

Haberer Foods International, Inc. v. Goya de Puerto Rico, No. 0:17-CV-00080-JRT-LIB (D. Minn. Sept. 13, 2017)

Court denied plaintiff’s motion to confirm the arbitration award, finding that factual questions remained over whether the parties entered into an arbitration agreement. Court held that, where there is a plausible challenge to the existence of an arbitration agreement that would bring the dispute into the realm of the FAA, a party does not lose its ability to raise its challenge by failing to participate or raise the defense during arbitration. Court also rejected plaintiff’s argument that defendant is barred from challenging arbitrability by the equitable doctrines of equitable estoppel and laches, finding no evidence of a specific misrepresentation on which plaintiff justifiably relied or evidence defendant inexcusably delayed in its assertion of its defense.


IQ Products Company v. WD-40 Company, No. 16-20595 (5th Cir. Sept. 13, 2017)

Court of appeal affirmed the district court’s order compelling arbitration and final judgment. Court held that plaintiff waived its challenge to the district court’s conclusion on the existence of a delegation clause by conceding it before the district court; and the assertion of arbitrability was not “wholly groundless,” which the court noted was “extremely rare.”


Hunter v., LLC, No. 3:17-CV-00348-HEH (E.D. Va. Sept. 12, 2017)

Court granted defendants’ motion to dismiss to the extent defendants seek to compel arbitration. Court found that the doctrine of equitable estoppel was applicable in this case, which allows all defendants—even non-signatories—to move to compel arbitration. Court additionally found that, even if equitable estoppel were not appropriate, the scope of the arbitration provision was sufficiently broad to encompass plaintiff’s claims against all defendants.


Medchoice Risk Retention Grp., Inc. v. Katz, No. 2:17-CV-00387-TSZ (W.D. Wash. Sept. 8, 2017)

Court denied plaintiff’s motion to vacate, granted defendants’ motion for summary judgment, and confirmed the arbitrator’s final award.  Court found that the FAA applied to the enforcement of the award and that the arbitrator did not engage in misconduct by postponing the hearing and by refusing to consider the additional evidence defendants were ordered to produce during the arbitration.


Taylor v. Frontier Communications Corporation, No. 8:17-CV-00476-PA-DTB (C.D. Cal. Sept. 5, 2017)

Court granted defendant’s motion to compel arbitration, finding that plaintiff entered into a contractual agreement with defendant’s predecessor-in-interest, which included an arbitration provision that encompasses the claims at issue in the present action. Court also found that plaintiff consented to the granting of defendant’s motion to compel arbitration.