A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
Rearick v. Clearwater 2008 Note Program, LLC, No. 4:15-CV-02265-YK (M.D. Pa. May 31, 2017)05/31/2017
Court granted defendant’s motion to compel arbitration. Court held that the parties had entered into a valid agreement to arbitrate and that the dispute fell within the scope of the arbitration clause. Court further declined to defer its decision pending limited discovery and held that plaintiff failed to establish that she would incur prohibitive arbitration costs sufficient to invalidate the arbitration agreement.
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.
Eurotec Vertical Flight Solutions, LLC v. Turbomeca, S.A., No. 3:15-CV-3454-B (N.D. Tex. Sept. 29, 2016)09/29/2016
Court granted defendant’s motion to compel arbitration and stay proceedings, and granted in part and denied in part plaintiff’s motion to refer issues of arbitrability to arbitration and stay action pending arbitrator’s decision. Court found that a valid delegation clause existed directing issues of arbitrability to arbitration.
Choice Hotels Intl., Inc. v. Hassanali, No. 8:16-CV-01282-DKC (D. Md. Sept. 29, 2016)09/29/2016
Court granted application to confirm the arbitration award, as defendants had failed to answer or otherwise respond to summonses. Court found that the burden to prove the existence of one of the grounds for vacating the award is on the party challenging the award, and by failing to answer, defendants did not demonstrate any ground for vacatur.
Chesapeake Exploration, L.L.C. v. Henceroth, No. 4:16-cv-00150-BYP (N.D. Ohio Sept. 29, 2016)09/29/2016
Court granted motion for summary judgment and denied motion for leave to take discovery on the point of sale and title transfer. Court held that, under both the FAA and Ohio law, the arbitration clauses in the parties’ leases were silent as to class arbitration, and thus class-wide arbitration was not authorized.
V5 Invs., LLC v. Gowaiter Business Holdings, LLC, No. 6:15-CV-2065-Orl-40KRS (M.D. Fla. Sept. 28, 2016)09/28/2016
Court confirmed arbitration award and denied plaintiff’s amended complaint for vacatur. Court held that plaintiffs established no undue means which were not considered and resolved by the arbitrator. Court also held that the arbitrator acted within his authority by interpreting the parties’ agreements to permit an award of expectation damages.
Lee v. Uber Techs., Inc., No. 1:15-CV-11756 (N.D. Ill. Sept. 21, 2016)09/21/2016
Court granted in part and denied in part defendants’ motion to compel arbitration and dismiss action. Court held that questions of enforceability of the parties’ agreement, the collective arbitration prohibition, and unconscionability, should be decided by the arbitrator. Court also held that the proper procedure was to stay the proceedings rather than dismiss them outright.
Woods v. Caremark PHC, L.L.C., No. 4:14-CV-583-SRB (W.D. Mo. Aug. 2, 2016)08/02/2016
Court denied defendants’ motion to compel arbitration because defendants waived their arbitration rights by waiting over a year to file the motion to compel arbitration, during which a “wealth of extensive litigation occurred.” Court found that there was “little doubt that defendants knew of the right” to arbitration and plaintiffs were prejudiced by “expending large sums of attorney time and money.”
General Cable Industries Inc v. Chauffeurs Teamsters Warehousemen and Helpers Union, No. 1:15-CV-00081 (N.D. Ind. June 17, 2016)06/17/2016
Labor arbitration award confirmed. Court held the arbitrator drew his opinion from the essence of the Collective Bargaining Agreement and did not exceed the authority conferred to him by the parties, as required by the FAA.
Rowan v. Brookdale Senior Living, No. 15-1793 (6th Cir. May 9, 2016)05/09/2016
District court’s order granting motion to compel arbitration and dismiss court action affirmed.
Dent v. Encana Oil & Gas, Inc., No. 1:15-CV-01800-CMA (D. Colo. February 7, 2016)02/07/2016
Court granted in part and denied in part defendant’s motion to compel arbitration. Court denied defendant’s motion to compel arbitration as moot where plaintiff agreed his claims must be arbitrated and had, in fact, initiated arbitration. Court denied defendant’s request for an order finding plaintiff’s collective and class action claims were not permitted to proceed in arbitration where the arbitration clause in the parties’ agreement authorized the arbitrator to interpret the agreement and make those determinations.