Shearman & Sterling’s US International Arbitration Digest (US IA Digest) provides a centralized resource for newly released decisions issued by US courts.
Transocean Offshore Gulf of Guinea VII Limited v. Erin Energy Corporation, No. 4:17-CV-02623 (S.D. Tex. Mar. 12, 2018)
Court granted petition to enforce arbitral award, finding that consent awards are enforceable under the New York Convention.
Court stayed pending arbitration and rejected request to sever FLSA claims, finding that arbitration agreement’s statute of limitations provision shortening period in which FLSA claims may be brought was unenforceable.
Court denied motion to compel arbitration for claim that failure to offer wheelchair-accessible seating during online ticket presales violates the Americans with Disabilities Act, finding that agreement to arbitrate the instant dispute was not formed by acceptance of terms of service in previous, unrelated online ticket purchase, or by logging into account to attempt to make online purchase at issue.
Tennessee Tractor, LLC v. WH Administrators, Inc., No. 1:17-CV-02829-STA-EGB (W.D. Tenn. Mar. 12, 2018)
Court granted in part and denied in part motion to compel arbitration, finding that plaintiff who had not signed arbitration agreement was not bound to arbitrate under it, since he was asserting ERISA claims and not claims under the agreement subject to arbitration.
International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division, ET v. CSX Transportation, Inc., No. 1:16-CV-02554-CAB (N.D. Ohio Mar. 12, 2018)
Court granted motion for summary judgment upholding arbitration award of the National Railroad Adjustment Board, finding that the Board was interpreting the relevant agreements and therefore acting within its jurisdiction.