A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
Lifetree Trading PTE., Ltd. V. Washakie Renewable Energy, No. 1:14-CV-09075-JPO (S.D.N.Y. Oct. 27, 2017)10/27/2017
Court denied motion for a stay, pending the appeal of a decision to deny a motion to compel arbitration, holding that defendant had waived its right to arbitrate. Court found that (i) the case had been in federal court for almost three years, (ii) the litigation was in its advanced stages, with trial scheduled in one month’s time, (iii) defendant had engaged in prejudicial and sanctionable conduct to prolong the litigation, and (iv) defendant had twice explicitly submitted to the court’s jurisdiction, and had engaged in discovery practice without taking steps to bifurcate the case.
Letom Management Inc. v. Centaur Gaming, LLC, No. 1:17-CV-03793-PAE (S.D.N.Y. Oct. 27, 2017)10/27/2017
Court granted motion to dismiss, holding that it had no jurisdiction over the defendant. Court found that defendant’s “waiver” of an arbitration process, which would have applied Indiana Law, by electing to apply New York choice of law in its brief seeking dismissal did not grant specific jurisdiction. Court found that defendant had to rely on New York authorities, as plaintiff had filed in the SDNY, and rejected plaintiff’s contention that this amounted to the defendant availing itself of the laws of New York.
Agnesian Healthcare Inc. v. Cerner Corporation, No. 2:17-CV-01254-JPS (E.D. Wis. Dec. 8, 2017)12/08/2017
Court granted defendant’s motion to dismiss complaint, but could not compel arbitration in another district. The arbitration agreement in question required a party to initiate any dispute in the state of the principal place of business of the non-petitioning party. As defendant was the non-petitioning party, arbitration would be proper in defendant’s home state of Missouri.
Richardson v. Coverall North America Inc., No. 1:17-CV-02405-TWT (N.D. Ga. Dec. 7, 2017)12/07/2017
Court granted defendant’s motion to compel arbitration and dismiss or stay the action. Court held that the arbitration agreement contained a delegation clause and, as plaintiff made no direct challenges to that clause, all disputes concerning the validity of the agreement should be properly decided by the arbitrator.