A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
Process of Industrial Developments Limited v. Federal Republic of Nigeria, No. 18-07154 (D.C. Cir. June 19, 2020)06/19/2020
Court of appeals reversed and remanded lower court judgment ordering Nigeria to brief the merits of a petition to confirm arbitration while its foreign sovereign immunity defense was pending. Court found that because Nigeria’s immunity defense was colorable, the lower court impermissibly ordered Nigeria to brief the merits of the dispute.
Scutt v. ALTRES Staffing Inc., No. 1:20-CV-00045-SOM-RT (D. Haw. June 18, 2020)06/18/2020
Court granted defendant’s motion to compel arbitration, finding that an arbitration provision was valid and not substantively unconscionable when the agreement contained a fee-shifting provision requiring plaintiff to bear costs of arbitration.
Goulart v. Edgewell Personal Care Co., No. 4:19-CV-02559-SEP (E.D. Mo. June 4, 2020)06/04/2020
Court granted defendants’ motion to compel arbitration finding that: (1) plaintiff assented to the arbitration agreement when making a purchase on defendants’ website and (2) the parties’ incorporation of the JAMS Rules indicated clear and unmistakable evidence that the parties intended to arbitrate the issue of arbitrability.
Nicosia v. Amazon.com, Inc., No. 19-01833 (2d Cir. June 4, 2020)06/04/2020
Court of appeals affirmed district court judgment granting a motion to compel arbitration and dismiss the case. Court found that plaintiff was bound to the arbitration agreement when he was on inquiry notice of the agreement by making various purchases. Court found that plaintiff’s challenge of the validity of the contract was not a threshold issue of arbitrability, and thus should be considered by the arbitrator in the first instance.