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
Perenco Ecuador Ltd. v. Republic of Ecuador, No. 1:19-CV-02943-JMC (D.D.C. Mar. 16, 2023)
Court granted motion to confirm an arbitration award pursuant to the ICSID Convention. Court rejected respondent’s request to set off and stay the award pending resolution of the parties’ tax dispute. Court agreed with respondent that post-judgment interest should be calculated pursuant to 28 USC § 1961 rather than the ICSID award.
JLR Global, LLC v. Paypal Holding Co., No. 4:22-CV-00559-ALM (E.D. Tex. Mar. 15, 2023)
Court granted petitioner’s motion to compel arbitration pursuant to the FAA. Court rejected respondents’ arguments that there was no enforceable arbitration agreement between the parties and that the dispute fell outside the scope of the arbitration clause. Court stayed all litigation in the lawsuit pending arbitration.
Manuel Alvarez, Sr. v. Experian Information Solutions, Inc., No. 2:19-CV-03343-JS-JMW (E.D.N.Y. Mar. 15, 2023)
Court granted petitioner’s motion to compel arbitration involving alleged violations of the Fair Credit Reporting Act (“FCRA”), New York Fair Credit Reporting Act (“NYFCRA”), and New York General Business Law §§ 380 et seq. Court found that the parties entered into a valid arbitration agreement, the dispute was encompassed by the arbitration agreement, and the petitioner did not waive its right to pursue arbitration through its conduct in litigation.
Marilyn Azuz v. Accucom Corporation, d/b/a InfoTracer, No. 1:21-CV-01182 (N.D. Ill. Mar. 15, 2023)
Court denied petitioner’s motion to compel arbitration pursuant to the FAA in an action involving alleged violations of Illinois Rights of Publicity Act. Court rejected petitioner’s arguments that respondent’s agent had actual or apparent authority to enter into an arbitration agreement on behalf of the respondent and that, alternatively, respondent was bound by the arbitration agreement through ratification.
Shansby v. Edrington, USA, Inc., No. 22-CV-06907-JSC (N.D. Cal. Mar. 9, 2023)
Court granted defendant’s motion to compel arbitration finding first that the incorporation of JAMS rules of arbitration into the parties’ arbitration agreement empowered the arbitrator to decide arbitrability and second that plaintiff’s argument that there was no good faith basis that the arbitration agreement governed the parties’ dispute was without merit.