A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
Amergence Supply Chain Mgmt. Inc. v. Changhong (Hong Kong) Trading Ltd., No. 2:15-CV-09976-MWF-AFM (C.D. Cal. Apr. 21, 2016)02/17/2017
Court denied defendant’s motion to compel arbitration because the defendant did not have standing as a non-signatory to the arbitration agreement between the plaintiff and Guangdong Changhong Electronics Company, Ltd., and the arbitration clause did not contemplate binding signatories with non-signatories. Court also found that equitable estoppel did not apply because plaintiff’s claims did not rely on and were not “intimately intertwined” with the terms of the agreement.
Fernandez Perez v. UBS Financial Servs., No. 3:15-CV-03081-GAG (D.P.R. Sept. 29, 2016)09/29/2016
Court granted motion to compel arbitration, holding that challenges to the arbitration agreement itself would be determined by the court before compelling arbitration, but challenges to the contract as a whole are for the arbitrator to decide. Court held that New York law applied to the contract and that plaintiff’s challenge was to the contract as a whole, so the arbitration clause must be enforced.
Schmidt v. Samsung Electronics America, Inc., No. 2:16-01725-JCC (W.D. Wash. May 25, 2017)05/25/2017
Court granted motion to compel arbitration, holding that under both Washington and California law plaintiffs assented to arbitration where they were provided with notice on the outside of the box and in a brochure for a Samsung device that additional terms and conditions applied to use of the device. Court further found that a Texas choice of law provision in the arbitration agreement was substantively unconscionable because plaintiffs had no connection to Texas, nor was there another basis for which Texas law might reasonably apply, and therefore the provision was severed.
Samenow v. Citicorp Credit Services, Inc., No. 1:16-CV-01346-CKK (D.D.C. May 25, 2017)05/25/2017
Court granted motion to compel arbitration and stayed the action, finding that plaintiff assented to arbitration agreements contained in credit card agreements governing plaintiff’s five credit card accounts and that there was no unconscionability with respect to the arbitration agreements.