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.
Court granted defendant’s motion to compel arbitration and dismiss the complaint finding that the arbitration agreement was enforceable and that plaintiff’s claims fell squarely within the terms of the arbitration provision and the entire controversy would be resolved by the arbitrator.
Local Joint Executive Board of Las Vegas v. Mirage Casino-Hotel, Inc., No. 2:15-CV-01225-GMN-PAL (9th Circ. Dec. 13, 2018)
Court of appeals reversed district court’s decision confirming an arbitration award. Court concluded the arbitrator blurred the line between arbitrability and merits because, although the arbitrator did not have authority to decide the question of substantive arbitrability, the arbitrator concluded the claims were not arbitrable. Court of appeals held the arbitrator’s analysis contravened foundational principles of the arbitral process by overlooking the limits the Supreme Court has placed on the arbitrator’s presumptive powers.
Court denied defendants’ motion to compel arbitration and dismiss the complaint, finding that the parties’ agreement to arbitrate was illusory from the outset because one of the parties had the right to modify the agreement to arbitrate at any moment. Thus, no agreement to arbitrate was formed between the parties.
Court granted defendant’s renewed motion to compel arbitration and stayed the case pending the outcome of the arbitration. Court noted the plaintiff did not object and concluded there was no clear error on the face of the record thereby granting defendant’s motion.
Court denied defendants’ motion to compel arbitration and stay action as well as motion to stay discovery and pretrial proceedings. Court held that a bench trial will be held pursuant to 9 USC § 4 to determine the existence of a binding arbitration agreement between the parties.