Shearman & Sterling’s US International Arbitration Digest (US IA Digest) provides a centralized resource for newly released decisions issued by US courts.
Norfolk Southern Railway v. Sprint Communications Company L.P., No. 16-2107 (4th Cir. Feb. 22, 2018)
Court of appeals reversed the district court’s order granting a motion to confirm an arbitration award. Court held that the award failed to resolve an issue presented by the parties to the arbitrators, and therefore it is not “mutual, final, and definite” as required by the FAA.
Clarke v. Alltran Financial LP f/k/a United Recovery Systems LP, No. 2:17-CV-03330-JFB-AYS (E.D.N.Y. Feb. 22, 2018)
Court granted non-signatory defendant’s motion to compel arbitration and stayed the action pending conclusion of the arbitration. Court held that the plain language of the contract at issue allows the defendant to compel arbitration because the arbitration agreement does not expressly limit the right to compel arbitration to the signatories. Moreover, the arbitration provision states that it is to be interpreted in “the broadest way the law will allow it to be interpreted.”
ACE Insurance Company of Puerto Rico v. Nolasco Communications Inc., No. 1:15-CV-00052-WAL-GWC (D.V.I. Feb. 22, 2018)
Court granted plaintiff’s motion to confirm a AAA construction industry arbitration award under the FAA. Court held that it had jurisdiction to confirm the award and, as the defendant did not allege any of the statutory bases for vacating the award, confirmation of the award was appropriate. Court also awarded post-judgment interest pursuant to 28 USC § 1961, which applies to money judgments entered in federal courts sitting in diversity jurisdiction.
Court denied motion to compel arbitration based on the record before it and concluded that a summary trial was necessary to determine whether the parties’ contract requires them to arbitrate their disputes.
Independent Laboratory Employees’ Union, Inc. v. ExxonMobil Research and Engineering Company, No. 3:17-CV-11858-PGS-LHG (D.N.J. Feb. 20, 2018)
Court granted motion to enforce a AAA arbitration award, finding that the arbitrator’s award did not disregard the “zipper clause” nor manifestly ignore the plain language of the collective bargaining agreement at issue.