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.
Veolia Water Solutions & Technologies Support v. Westech Engineering, Inc., No. 5:19-CV-00344-FL (E.D.N.C. Jan. 22, 2020)
Court denied respondents’ petition to compel arbitration, finding that it lacked the power to compel arbitration or enjoin litigation when a parallel action—determining the same issues between the same parties—was filed in a Utah district court before the North Carolina action. Court found that only the district where the litigation commenced has the authority to compel arbitration and enjoin litigation.
Court granted defendant’s motion to compel arbitration finding that defendant did not waive its right to arbitrate when it filed a motion to compel arbitration one month after plaintiffs filed their complaint. Court further found that defendant’s use of the discovery process did not result in a waiver of its right to arbitrate, as defendant did not file any dispositive motions or otherwise attempt to litigate the matter on the merits.
Court confirmed defendant’s unopposed motion to confirm an arbitration award, finding that there was “a barely colorable justification” for the outcome reached in the award and no other grounds for vacatur existed.
Court granted defendants’ motion to compel arbitration finding that plaintiff agreed to arbitrate all disputes with her employer when she received an offer letter containing an arbitration provision and she continued working at defendants’ company.
National Partitions, Inc. v. LJH Commercial Contracting, LLC, No. 3:18-CV-00470-HBG (E.D. Tenn. Jan. 17, 2020)
Court granted defendant’s motion to compel arbitration finding that defendant did not waive its right to compel arbitration when it waited 11 months to file its motion. Court found that defendant provided plaintiff sufficient notice of defendant’s intent to arbitrate, including raising arbitration as an affirmative defense in its answer.