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
11/16/2017

WDCD, LLC v. iSTAR, INC., No. 1:17-CV-00301-DKW-RLP (D. Haw. Nov. 16, 2017)

Court granted motion to stay in favor of arbitration, finding that non-signatory could invoke arbitration clause in the agreement under which the claims against it arose.

11/16/2017

Ross v. Quality Homes of McComb, No. 5:17-CV-00046-DCB-MTP (S.D. Miss. Nov. 16, 2017)

Court granted motion to compel arbitration and stayed proceedings, finding that (i) an arbitration agreement in a form contract was not procedurally unconscionable; (ii) neither the Magnuson-Moss Warranty Act nor the National Manufactured Housing and Construction and Safety Standards act preclude arbitration of claims arising thereunder; (iii) non-signatory defendants can invoke an arbitration provision in a contract under which the plaintiff’s claim arise; and (iv) question of whether claims are within the scope of the arbitration agreement was delegated to the arbitrator.

11/16/2017

Oliver v. First Century Bank, N.A., No. 3:17-CV-00620-MMA-KSC (S.D. Cal. Nov. 16, 2017)

Court granted motion to compel arbitration, finding that question of arbitrability was delegated to the arbitrator.

11/15/2017

Myers v. TRG Customer Solutions, Inc., No. 1:17-CV-00052 (N.D. Tenn. Nov. 15, 2017)

Court granted motion to compel individual arbitration, finding that a collective action asserting claims under the Fair Labor Standard Act does not qualify as concerted activity protected by the National Labor Relations Act, but refused to dismiss the action, since there was an open question whether other opt-in plaintiffs had signed valid and enforceable arbitration agreements.

11/15/2017

KDDI Global LLC v. Fisk Telecom LLC, No. 3:17-CV-05445-BRM-DEA (D.N.J. Nov. 15, 2017)

Court granted motion to dismiss in favor of arbitration, finding that agreement to arbitrate in accordance with the AAA’s Commercial Arbitration Rules, which grant the arbitrator “the power to rule on his or her own jurisdiction”, constitutes an agreement to arbitrate arbitrability.