A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.

• Veolia Water Solutions & Technologies Support v. Westech Engineering, Inc., No. 5:19-CV-00344-FL (E.D.N.C. Jan. 22, 2020)

  01/22/2020

  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.

• Connell v. Apex Systems, LLC, No. 3:19-CV-00299-JAG (E.D. Va. Jan. 21, 2020)

  01/21/2020

  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.

• Zandman v. Citibank, N.A., No. 7:18-CV-00791-NSR-PED (S.D.N.Y. Jan. 21, 2020)

  01/21/2020

  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.

• Givens-Keefer v. American Express Company, No. 1:18-CV-04164-JPO (S.D.N.Y. Jan. 21, 2020)

  01/21/2020

  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)

  01/17/2020

  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.     

• Hunter v. Kaiser Foundation Health Plan, Inc., No. 3:19-CV-01053-WHO (N.D. Cal. Jan. 17, 2020)

  01/17/2020

  Court granted defendants’ motion to compel arbitration finding that an arbitration clause resulting from a contract of adhesion was not sufficiently procedurally unconscionable to deny enforcement of the arbitration clause.  Court found that fee-shifting provisions precluding plaintiff from seeking attorneys’ fees or arbitration costs were substantively unconscionable and severed such provisions as unenforceable.  Court further found that plaintiff’s claims could not be arbitrated on a class-wide basis without an explicit statement to that effect in the arbitration agreement.

• Dynacolor, Incorporated v. Razberi Technologies Incorporated, No. 19-10720 (5th Cir. Jan. 9, 2020) 

  01/09/2020

  Court of appeals affirmed order confirming arbitration award, finding that defendant had failed to demonstrate that the arbitrator manifestly disregarded controlling law. Court further noted a circuit split as to whether manifest disregard was a justifiable grounds for vacatur of an arbitration award, but stated that it did not need to decide this issue as defendant had not met the rigorous standard for demonstrating manifest disregard of law.

• Automotive Industries Pension Trust Fund v. South City Motors, Inc., No. 18-16170 (9th Cir. Jan. 9, 2020) 

  01/09/2020

  Court of appeals affirmed district court order finding that an arbitrator did not err in several legal and procedural determinations during the course of the arbitration. Court stated it would review arbitrators findings of law de novo, his findings of fact for clear error, and his award of attorney’s fees for abuse of discretion. Court affirmed each of the arbitrator’s findings.

• Harrison v. Macy, Inc., No. 18-11424 (11th Cir. Jan. 9, 2020)

  01/09/2020

  Court of appeals vacated district court order compelling arbitration and remanded for litigation on the merits where party seeking to force arbitration voluntarily waived right to arbitrate plaintiff’s claims while appeal was pending.

• Coleman v. Alaska USA Federal Credit Union, No. 3:19-CV-00229-HRH (D. Alaska Jan. 9, 2020)

  01/09/2020

  Court denied motion to compel arbitration, holding that the arbitration agreement added by defendant by addendum to the contract was ineffective. Court found that the Account Agreement between the parties required defendant to provide notice to plaintiff before making “adverse changes” to the agreement by addenda, and that the addition of a mandatory arbitration provision was such an “adverse” change. Court held that because defendant failed to provide proper notice of this change, the arbitration provision was ineffective pursuant to general contract principles. 

• Psara Energy, Ltd. v. Advantage Arrow Shipping, LLC, No. 19-40071 (5th Cir. Jan. 9, 2020)

  01/09/2020

  Court of appeals dismissed appeal of a district court Order granting a motion to compel arbitration, finding that the order, which administratively closed the case, was not a final, appealable order under the FAA.   

• SFM LLC v. Best Roast Coffee LLC, No. 2:19-CV-04820-JAT (D. Ariz. Jan. 7, 2020) 

  01/07/2020

  Court granted in part defendant’s motion to dismiss for lack of subject matter jurisdiction, finding that mandatory arbitration agreement between the parties governed a portion of plaintiff’s claims. Court held that it had jurisdiction over plaintiff’s requests for injunctive relief, but that damages claims were controlled by mandatory arbitration provision in agreement. 

• Gonzales v. Sitel Operating Corporation, No. 2:19-CV-00876-GMN-VCF (D. Nev. Jan. 7, 2020)

  01/07/2020

  Court granted defendant’s motion to compel arbitration but denied motion to stay case, electing instead to dismiss the case without prejudice. Court found there were no remaining issues that would require the court’s attention after compelling arbitration.

• Weiss v. American Express National bank, No. 1:19-CV-04720-JPO (S.D.N.Y. Jan. 7, 2020) 

  01/07/2020

  Court denied defendant’s motion to compel arbitration where arbitration clause was permissive rather than mandatory, and defendant had failed to comply with the notice procedures in the agreement for initiating an arbitration prior to litigation. 

• Border Area Mental Health, Inc. v. United Behavioral Health, Inc., No. 1:16-CV-01213-MV-SCY (D.N.M. Jan. 7, 2020) 

  01/07/2020

  Court denied motion for reconsideration of an order dismissing plaintiff’s claims where an arbitrator had found those claims were subject to mandatory arbitration. Court found that dismissal of claims would not preclude plaintiffs from pursuing those claims through arbitration, so there was no manifest injustice that could warrant reconsideration under FRCP Rule 59 (e).  

• Davis v. White, No. 19-11760 (11th Cir. Jan. 7, 2020)

  01/07/2020

  Eleventh Circuit affirmed denial of motion to compel arbitration, finding that defendant had waived their right to arbitrate where it had waited 18 months from the filing of complaints to file its motion to compel arbitration. Court found that defendant had acted inconsistently with its right to arbitrate by filing motions to dismiss which sought to resolve the parties’ dispute on the merits. Court also found defendant had prejudiced plaintiffs in this delay, by forcing them to spend resources contesting the motion to dismiss, and by waiting to raise arbitration until litigation in federal court proved unfavorable. 

• Soaring Wind Energy, LLC. v. Catic USA Incorporated, No. 18-11192 (5th Cir. Jan. 7, 2020)

  01/07/2020

  Fifth Circuit affirmed decision confirming arbitral award, finding that the arbitration panel was fairly constituted and did not exceed its authority. Court found that pursuant to arbitration agreement, arbitral panel had authority to order defendant’s divestiture from plaintiff LLC. Court further found that this divestiture order, which would defeat diversity jurisdiction, would not be effective until a judicial order fully enforced the award. Court also held that a foreign entity’s actions triggering breach of an agreement, and a finding that a foreign affiliate of a party was jointly and severally liable for damages awarded in an arbitral award provided a sufficient foreign nexus to trigger federal jurisdiction under the New York Convention. 

• Nichols v. US Bank, National Association, No. 2:19-MC-00162-KS-MTP (S.D. Miss. Jan. 6, 2020) 

  01/06/2020

  Court denied plaintiff’s motion to confirm arbitration award where plaintiff failed to provide any evidence that there was an arbitration agreement between the parties.  

• Trustees of the New York City District Council of Carpenters Pension Fund v. M.C.F. Associates, No. 1:19-cv-07783-JGK (S.D.N.Y. Jan. 6, 2020) 

  01/06/2020

  Court granted motion to confirm arbitration award where defendant failed repeatedly to respond to plaintiff’s petition. Court also awarded costs and fees to plaintiff. 

• Gibson, Dunn & Crutcher LLP v. World Class Capital Group, LLC, No. 1:20-CV-00054-PKC (S.D.N.Y. Jan. 6, 2020)

  01/06/2020

  Court ordered petitioner to amend petition where petition facially failed to assert a basis for federal question jurisdiction or diversity jurisdiction. Court found that FAA is not in and of itself a grant of subject matter jurisdiction.

• Kamineni v. Tesla, Inc., No. 1:19-CV-14288-RBK-KMW (D.N.J. Jan. 6, 2020)

  01/06/2020

  Court granted defendant’s motion to compel arbitration. Court found that although New Jersey’s Lemon Law referenced the possibility of bringing a claim in a judicial forum, such references are insufficient to establish a legal intent to preclude arbitration. 

• Geo-logic Associates, Inc. v. Metal Recovery Solutions, Inc., No. 3:17-CV-00563-MMD-WGC (D. Nev. Jan. 6, 2020)

  01/06/2020

  Court granted motion to confirm arbitration award, finding that party requesting vacatur failed to demonstrate that the arbitrator manifestly disregarded the law in rendering his award.  

• National Motors, Inc. v. Universal Warranty Corporation, No. 1:19-CV-00052-ELH (D. Md. Jan. 3, 2020)

  01/03/2020

  Court granted defendant’s motion to dismiss and compel arbitration. Court found that arbitration clause was not unconscionable and that because it was susceptible of an interpretation that covered the asserted dispute, it also was not impermissibly vague. 

• Law Offices of Joseph L. Manson III v. Aoki., No. 1:19-CV-04392-LTS-GWG (S.D.N.Y. Jan. 3, 2020) 

  01/03/2020

  Court granted defendant’s motion to stay proceedings pending outcome of arbitration, but denied defendant’s motion to compel arbitration where seat of arbitration mandated by arbitration agreement was Washington, D.C. Court found that a valid agreement to arbitrate did exist, but that it did not have power under the FAA § 4 to compel arbitration proceedings which occur outside of the Southern District of New York. 

• Ostrolenk Faber LLP v. Lagassey, No. 1:18-CV-01533-RA (S.D.N.Y. Jan. 2, 2020)

  01/02/2020

  Court granted motion to compel arbitration, finding that there was a valid obligation to arbitrate, and that the pro se defendant did not, by his delay, waive his right to compel arbitration.

• Credit Suisse Securities (USA) LLC v. Carlson, No. 4:19-CV-01470 (S.D. Tex. Jan. 2, 2020)

  01/02/2020

  Court granted motion to confirm arbitral award, finding respondent had failed to establish evident partiality. Specifically, presiding arbitrator did not disclose to parties that he had been retained as counsel in unrelated proceedings in which the adverse party was represented by the same firm as the respondent’s counsel in the arbitration. Court found that while a reasonable person could conclude that the presiding arbitrator was partial, that was insufficient to meet the stringent burden required to overturn an arbitration award based on evident partiality. Court also found that the arbitral tribunal’s decisions in relation to evidentiary matters did not deprive respondent of a fair hearing.

• Meekins v. Lakeview Loan Servicing, LLC, No. 3:19-CV-501-DJN (E.D. Va. Dec. 30, 2019)

  12/30/2019

  Court denied motion to confirm arbitral award, finding petitioner had failed to provide any evidence that respondents entered into a binding arbitration agreement or assented to arbitration of disputes arising under a mortgage facility.

• Wayland Kathan v. Autovest, LLC, No. 2:19-CV-00486-TC-CMR (D. Utah Dec. 30, 2019)

  12/30/2019

  Court denied plaintiff’s motion to lift stay of court action pending arbitration. Court found that AAA’s initial (erroneous) refusal to administer the arbitration was not a proper reason to lift the stay, since AAA eventually agreed to administer the arbitration. Court also found that defendant had made clear throughout the process that it was willing and able to resolve any issues identified by AAA and to arbitrate the case.

• Doctor’s Associates, LLC v. Tripathi, No. 16-4329-CV (2d Cir. Dec. 23, 2019)

  12/23/2019

  Court of appeals affirmed district court’s decision granting injunction to enjoin California state-court action commenced by defendants in breach of arbitration clause, finding that arbitration clause had clearly delegated gateway issues for the arbitrator’s determination in the first instance.

• Wilson v. Huuuge, Inc., No. 18-36017 (9th Cir. Dec. 20, 2019) 

  12/20/2019

  Court of appeals affirmed district court’s denial of motion to compel arbitration against a smartphone app user, finding that defendant did not provide reasonable notice of the arbitration agreement.  Since plaintiff had neither actual nor constructive notice of the agreement he was not bound by the arbitration clause. 

• Jamieson v. Securities America, Inc., No. 7:19-CV-01817-VB (S.D.N.Y. Dec. 20, 2019) 

  12/20/2019

  Court granted defendants’ motion to compel arbitration pursuant to the FAA, finding the plaintiffs’ agreed to arbitrate and the arbitral agreements applied to the new accounts at issue by incorporation.  Court determined that all plaintiffs did not have to agree to the same terms of arbitration for all of their accounts and that the plaintiffs’ claims fell within the scope of the arbitral agreements.  Court stayed proceedings pending arbitration.

• National Union Fire Insurance v. BMC Stock Holdings, Inc., No. 18-3851-CV (2d Cir. Dec. 20, 2019)

  12/20/2019

  Court of appeals affirmed district court’s decision granting motion to compel arbitration, finding that agreement between parties had incorporated by reference arbitration clause in respondent’s general liability insurance policies

• UBS Financial Services, Inc. v. Asociación de Empleados del Estado Libre Asociado de Puerto Rico, No. 3:16-CV-02237-WGY (D. Mass. Dec. 19, 2019) 

  12/19/2019

  Court denied motion to vacate the arbitration award, finding pursuant to the FAA that defendants failed to meet their burden of establishing evident partiality or misbehavior of the arbitrators.

• JR. Food Stores, Inc. v. Hartland Construction Group, LLC and Peoples Bank, No. 1:19-CV-00076-GNS-RSE (W.D. Ky. Dec. 19, 2019) 

  12/19/2019

  Court granted motion to compel mediation and arbitration and to stay proceedings pursuant to the FAA.  Court found it was undisputed that the plaintiff and one of the defendants entered into a valid agreement to arbitrate.  Court concluded that the other defendant, a non-signatory issuer of a performance bond for a construction contract, was compelled to arbitrate, where the performance bond made reference to the contract and the disputes between the parties were intertwined with the underlying contract.

• Citadel Servicing Corporation v. Castle Placement, LLC, No. 1:19-CV-03212-KPF (S.D.N.Y. Dec. 19, 2019) 

  12/19/2019

  Court granted defendants’ motion to compel arbitration pursuant to the FAA and denied plaintiff’s motion for a preliminary injunction to enjoin defendants from enforcing the arbitration clause.  Court found that it was for the arbitrator to determine whether non-signatory defendants were agents of the signatory and therefore, could enforce the arbitral agreement.  Court considered that the incorporation of the FINRA Rules, which empower the arbitrator to decide issues of arbitrability, provided further support for the parties’ intent to delegate issues of arbitrability to the arbitrator.

• Zean v. Comcast Broadband Security, LLC and Southwest Credit Systems, L.P., No. 0:17-CV-05117-WMW-KMM (D. Minn. Dec. 17, 2019) 

  12/19/2019

  Court adopted magistrate judge’s recommendation to deny the motion to vacate the award but rejected the recommendation to confirm the award, because no party had moved the court for such relief.

• Bestway (USA), Inc., v. Scott, No. 18-16228 (9th Cir. Dec. 18, 2019) 

  12/18/2019

  Court of appeals affirmed district court’s denial of defendant’s motion to compel arbitration, finding that he had waived his right to arbitrate. 

• Banks v. Waitr Holdings, Inc., No. 2:19-CV-00898-TAD-KK (W.D. La. Dec. 17, 2019) 

  12/17/2019

  Court granted motion to compel arbitration, finding there was a valid agreement to arbitrate and that the statutory claims fell within the scope of the agreement.  Court denied motion to dismiss the claims with prejudice and instead, administratively closed the case.

• Flores v. Adir International, LLC, No. 18-55959 (9th Cir. Dec. 17, 2019) 

  12/17/2019

  Court affirmed district court’s denial of motion to compel arbitration, finding plaintiff had waived the right to arbitrate.

• Hobbs v. Apollo Interactive, Inc., No. 4:19-CV-00057-CDL (M.D. Ga. Dec. 17, 2019) 

  12/17/2019

  Court denied defendant’s motion to dismiss the action in favor of arbitration.  Court found that there was a genuine issue of fact as to whether the parties had entered into an agreement to arbitrate and at the early stage in the proceedings, the court could not conclude as a matter of law that the parties had a valid agreement to arbitrate.  

• Henry v. Educational Financial Service, No. 18-20809 (5th. Cir. Dec. 16, 2019)

  12/16/2019

  Court of appeals affirmed bankruptcy court’s decision denying motion to compel arbitration, finding that bankruptcy courts have discretion to refuse to compel arbitration in proceedings seeking enforcement of a discharge injunction between debtor and creditor.

• Galilea, LLC and Kittler v. AGCS Marine Insurance Company, No. 1:19-CV-05768-VEC (S.D.N.Y. Dec. 16, 2019)

  12/16/2019

  Court denied motion to vacate the arbitration award and granted petition to confirm the award under the FAA.  Court found the tribunal did not exceed its authority, concluding New York was the appropriate forum for the arbitration and the ICDR was the proper governing body pursuant to the forum selection clause and determining that the arbitration agreement covered all claims decided by the tribunal.  Court held the tribunal did not exhibit a manifest disregard for the law in admitting the insurance application and found that the arbitrators were not biased.

• Orman v. Central Loan Administration & Reporting, No. 2:19-CV-04756-DWL (D. Ariz. Dec. 16, 2019)
   

  12/16/2019

  Court denied motion to confirm an arbitration award under the FAA, finding that there was no agreement to arbitrate between the parties.  Court granted respondents’ motion to vacate concluding that the arbitrators exceeded their powers by premising the award on a non-existent contract.  Court imposed sanctions on petitioner’s counsel and on petitioner.

• Republic of Kazakhstan v. Lawler, No. 2:19-MC-00035-DWL (D. Ariz. Dec. 16, 2019)

  12/16/2019

  Court granted petitioner’s motion to seal its response to respondent’s motion to quash a subpoena to compel testimony and production of evidence in a pending investor-state arbitration pursuant to 28 USC § 1782.

• Brown v. Sperber-Porter, No. 2:16-CV-02801-SRB (D. Ariz. Dec. 14, 2016)

  12/14/2019

  Court granted motion to confirm arbitral award, dismissing respondents’ complaints about the arbitral tribunal’s conduct of the arbitration and its substantive decision.

• Story v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated and Bank of America Corporation, No. 2:19-CV-02301-SSV-JVM (E.D. La. Dec. 13, 2019)

  12/13/2019

  Court granted motion to compel arbitration pursuant to the FAA. Court found the arbitral agreement was valid with regard to a non-signatory parent company where its subsidiary was a signatory to the arbitral agreement. Court also found the dispute fell within the scope of the agreement and concluded that the question of whether a settlement in a related suit mooted the present dispute was an issue for the arbitrator.

• Bowman v. Phoenix Trinity Manufacturing, Inc., No. 3:18-CV-00332-TMR-MJN (S.D. Ohio Dec. 13, 2019)

  12/13/2019

  Magistrate judge recommended that court grant motion to compel arbitration where plaintiffs asserted that defendant had waived right to arbitrate by filing an answer to plaintiffs’ complaint with no mention of an arbitration agreement, and by further engaging in litigation for over one year. Court found that plaintiff had failed to cite to precedent or to demonstrate that it was prejudiced by defendant’s delay in filing motion to compel arbitration.

• Reynolds & Reynolds Company, Inc. v. Alan Vines Automotive of Jackson, LLC, No. 3:19-CV-00276-TMR (S.D. Ohio Dec. 13, 2019)

  12/13/2019

  Court granted petition to confirm arbitral award, finding that it had subject matter and personal jurisdiction, and that the award had not been vacated, modified, or corrected, nor had a motion been filed seeking such relief.

• Prime Pork, LLC v. NBO3 Technologies, LLC, No. 0:19-CV-01074-WMW-KMM (D. Minn. Dec. 13, 2019)

  12/13/2019

  Court granted petition to confirm arbitration award, finding that the award was sufficiently reasoned to merit confirmation. Court denied petitioners request to enforce the award jointly and severally with respect to third-party defendant where arbitrator had not addressed the liability of this party in his award. Court found that this request would amount to a modification of the award, which it was without legal authority to grant.

• Raeis Constructors, LLC v. Circle K Stores, Inc., No. 5:18-CV-240-FL (E.D. N.C. Dec. 13, 2019)

  12/13/2019

  Court granted motion to compel arbitration between defendant and third-party defendant, and denied plaintiff’s motion to compel arbitration with third-party defendant finding that plaintiff had waived its right to arbitrate by substantially utilizing the litigation process.