A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
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Kwik Ticket Inc. v. Spiewak, No. 1:20-CV-01201-FB-SJB (E.D.N.Y. Sept. 23, 2020)09/23/2020
Court denied defendants’ motion for a preliminary injunction to stay litigation pending court’s ruling on motion to compel arbitration and to stay magistrate judge’s order requiring the parties to participate in a settlement conference and initiate discovery. Court found defendants did not show irreparable harm or a likelihood of success on the merits of the motion to compel arbitration.
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Goobich v. Excelligence Learning Corporation, No. 5:19-CV-06771-EJD (N.D. Cal. Sept. 18, 2020)09/18/2020
Court granted motion to stay proceedings pending arbitration pursuant to 9 U.S.C. § 3, finding that defendant had not breached the arbitration agreement by refusing to pay the disproportionate filing fee and did not waive the right to compel arbitration by participating in the litigation.
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Tyler v. Uber Technologies, Inc., No. 1:19-CV-03492-ABJ (D.D.C. Sept. 17, 2020)09/17/2020
Court granted defendants’ motion to compel arbitration of employment-related claims. Court rejected plaintiff’s contention that its claims were exempted by the FAA on the basis that it was a transportation worker.
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Cianchetta v. BMW of North America, LLC, No. 2:20-CV-00241-KJM (E.D. Cal. Sept. 17, 2020)09/17/2020
Court denied defendants’ motion to compel arbitration of claims alleging violations of consumer protection laws. Court held that plaintiff’s claims against non-signatory defendant were not arbitrable under the terms of the arbitration agreement.
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Sanders v. Allenbrooke Nursing and Rehabilitation Center, LLC, No. 2:20-CV-02001-SHM (W.D. Tenn. Sept. 17, 2020)09/17/2020
Court denied defendants’ motion to compel arbitration of wrongful death claims. Court held that no arbitration agreement had been formed in circumstances where the agreement was signed by a healthcare surrogate before the party on whose behalf the agreement was signed had been determined to lack capacity.
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Convergen Energy LLC v. Brooks, No. 1:20-CV-03746-LJL (S.D.N.Y. Sept. 16, 2020)09/16/2020
Court granted defendants’ motion to compel arbitration of claims relating to the sale of a power plant. Court rejected plaintiff’s argument that the contract containing the arbitration agreement was not concluded because plaintiff’s signatory did not have authority to bind it. Court also rejected plaintiff’s argument that the forum selection clause in another agreement between the parties controlled the subject matter of the dispute. Court held that the claims at issue fell within the scope of the arbitration agreement.
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Fedor v. United Healthcare, Inc., No. 19-CV-2066 (10th Cir. Sept. 16, 2020)09/16/2020
Court of appeal vacated district court order granting motion to compel arbitration of claims alleging violations of the Fair Labor Standards Act and New Mexico’s wage law. Court of appeal held that the district court erred by failing to first determine whether an agreement to
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Grantham v. TA Operating, LLC, No. 1:20-CV-01108-RMB (D. N.J. Sept. 16, 2020)09/16/2020
Court granted defendants’ motion to compel arbitration of claims brought under the Family Medical Leave Act and the New Jersey Law Against Discrimination. Court rejected plaintiff’s argument that the arbitration agreement was void as against the public policy of New Jersey.
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International Brotherhood of Electrical Workers, Local 1393 v. Carroll White Rural Electric Membership Corporation, No. 1:20-CV-1689-JMS (S.D. Ind. Sept. 16, 2020)09/16/2020
Court granted petition to compel arbitration of claims arising under a collective bargaining agreement. Court held that the terms of the collective bargaining agreement were wide enough to encompass the claims at issue.
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Arnaud v. Doctor’s Associates, Inc., No. 19-CV-3057 (2d Cir. Sept. 15, 2020)09/15/2020
Court of appeal affirmed district court order denying motion to compel arbitration of claims alleging violations of the Telephone Consumer Protection Act. Court of appeal held that no arbitration agreement existed between the parties because the terms and conditions of the alleged agreement were not reasonably clear and conspicuous on the online form relied upon by defendant-appellant.
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Cheatham v. Virginia College, LLC, No. 1:19-CV-04481-SDG (N.D. Ga. Sept. 15, 2020)09/15/2020
Court grated defendants’ motion to compel arbitration of claims brought by students against a private college. Court held that the parties delegated the question of arbitrability to the arbitrator.
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Johnson v. Westlake Portfolio Management, LLC, No. 8:20-CV-00749-SCB (M.D. Fla. Sept. 15, 2020)09/15/2020
Court denied defendant’s motion to compel arbitration of consumer debt claims. Court held that plaintiff, who was a non-signatory to the arbitration agreement, was not equitably estopped from avoiding the arbitration agreement because its claims fell outside the contract containing the arbitration agreement.
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Allen v. Shutterlfy, Inc., No. 5:20-CV-02448-BLF (N.D. Cal. Sept. 14, 2020)09/14/2020
Court granted defendant’s motion to compel arbitration of fraud claims. Court held that the arbitration agreement delegated gateway questions of arbitrability to the arbitrator and that the plaintiff assented to the online arbitration agreement.
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Carillo v. ROICOM USA, LLC, No. 3:20-CV-00147-ATB (W.D. Tex. Sept. 14, 2020)09/14/2020
Court denied defendant’s motion to compel arbitration of claims brought under the False Claims Act. Court held that the arbitration agreement was procedurally unconscionable because plaintiff, a Spanish speaker, was incapable of understanding the contents of the English-language agreement and because of misrepresentations by defendant regarding the arbitration agreement.
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MZM Construction Company, Inc. v. New Jersey Building Laborers Statewide Benefit Funds, No. 18-CV-03791 (3d Cir. Sept. 14, 2020)09/14/2020
Court of appeal affirmed district court order enjoining arbitration of employee benefits claims pending resolution of factual issues bearing upon whether fraud in the execution vitiated the formation or existence of the contract containing the arbitration provision. Court of appeal held that pursuant to 9 USC § 4, the validity of the arbitration agreement concerned questions about the “making of the agreement to arbitrate” and was therefore a matter for the courts to decide in the absence of the parties having clearly and unmistakably referred those issues to arbitration in a written contract whose formation was not in issue.
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United Government Security Officers of America International Union v. G4S Regulated Security Solutions, No. 1:19-CV-10373-ADB (D. Mass. Sept. 14, 2020)09/14/2020
Court granted plaintiff’s motion to compel arbitration of overtime compensation claims brought under a collective bargaining agreement. Court held that the overtime claims fell with the scope of the collective bargaining agreement and the arbitration agreement contained in it.
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Yeomans v. World Financial Group Insurance Agency, Inc., No. 3:19-CV-00792-EMC (N.D. Cal. Sept. 11, 2020)09/11/2020
Court denied defendants’ motion to compel arbitration of employment-related claims. Court held that the arbitrability issue was governed by the FAA because the dispute affected interstate commerce. Court also held that four of the five plaintiffs were properly put on notice of the arbitration agreements in their employment contracts, but that one of the plaintiffs was not. Court found that the arbitration agreement was procedurally and substantively unconscionable.
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Morris CM Enterprises, LLC v. Wingstop Franchising, LLC, No. 2:19-CV-02306-KJM (E.D. Cal. Sept. 11, 2020)09/11/2020
Court granted defendant’s motion to stay the case pending arbitration of claims relating to franchise agreements. Court found that the parties had agreed to delegate to the arbitrators the issue of arbitrability, including the plaintiff’s allegation that the arbitration agreement was unconscionable.
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Mattos v. National Western Life Insurance Company, No. 1:20-CV-22887-DPG (S.D. Fla. Aug. 30, 2020)08/30/2020
Court granted defendant’s motion to compel arbitration, finding that the parties manifested a clear and unmistakable intent to arbitrate gateway issues of arbitrability when they provided a valid delegation clause. Court declined to address plaintiffs’ challenges to the arbitration agreement, finding that it was not appropriate where there was no challenge to the delegation provision specifically.
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McCoy v. The Buccaneer, Inc., No. 1:15-CV-00033-WAL-GWC (D.V.I. Aug. 28, 2020)08/28/2020
Court granted defendant’s motion to compel arbitration, finding that the arbitration provision was enforceable despite lacking a method for selecting the arbitrator or relevant rules governing the proceedings. Court found that absent certain terms, parties can rely on gap-filling provisions provided by the FAA.
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Westfall v. USAA Savings Bank, No. 2:19-CV-02093-GMN-DJA (D. Nev. Aug. 27, 2020)08/27/2020
Court granted defendant’s unopposed motions dismiss and to compel arbitration, finding that plaintiff agreed to the terms of the arbitration agreement after conducting his first transaction using defendant bank’s credit card. Court found that plaintiff’s failure to exhaust non-judicial remedies, including pursuing arbitration, made dismissal without prejudice appropriate.
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Colonial Oaks Assisted Living Lafayette, LLC v. Hannie Development, Inc., No. 19-30995 (5th Cir. Aug. 25, 2020)08/25/2020
Court of appeals affirmed district court order finding that fraud claims were properly severed from the underlying arbitration and that non-fraud claims were properly dismissed as arbitrable, when the arbitration agreement exempted claims for fraud from its scope. Court found that non-fraud claims that were decided in the underlying arbitration could not be relitigated in the courts.
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Hickerson v. Pool Corporation, No. 1:19-CV-02229-CMA-STV (D. Colo. Aug. 25, 2020)08/25/2020
Court granted defendant’s motion to compel arbitration, finding that the underlying arbitration provision was enforceable notwithstanding an absence of defendant’s signature when defendant manifested its intent to be bound by the provision.
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Russo v. Trans Union, LLC, No. 2:19-CV-04007-GEKP (E.D. Pa. Aug. 24, 2020)08/24/2020
Court granted defendant’s motion to compel arbitration, finding that defendant did not waive its right to arbitrate when it waited eight months to file its motion to compel arbitration but did not engage in any non-merits motion practice. Court found that defendant’s invocation of the arbitration agreement in its answer weighed against a finding of waiver.
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Arkin v. DoorDash, Inc., No. 1:19-CV-04357-NGG-RER (E.D.N.Y. Aug. 24, 2020)08/24/2020
Court granted defendants’ motion to compel arbitration, finding that broad language regarding the scope of the arbitration agreement evidenced clear and unmistakable intent to arbitrate issues of arbitrability. Court found that plaintiff’s arguments concerning the validity of the arbitration agreement were subject to arbitration.
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Goulart v. Edgewell Personal Care Company, No. 4:19-CV-02568-RLW (E.D. Mo. Aug. 24, 2020)08/24/2020
Court granted defendant’s motion to compel arbitration, finding that the parties’ incorporation of the JAMS rules evidenced an intent to arbitrate issues of arbitrability.
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Namisnak v. Uber Technologies, Inc., No. 18-15860 (9th Cir. Aug. 24, 2020)08/24/2020
Court of appeals affirmed district court order denying defendant’s motion to compel arbitration of federal statutory claims, finding that two plaintiffs did not download defendant’s mobile application or agreed to defendant’s terms and conditions. Court reasoned nonsignatory plaintiffs could not be equitably estopped from bringing federal statutory claims when those claims were not “dependent upon or inextricably intertwined with the obligations imposed by the contract containing the arbitration clause.”
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BLC Lexington SNF, LLC v. Craig., No. 5:19-CV-00376-REW-MAS (E.D. Ky. Aug. 13, 2020)08/13/2020
Court granted motion to compel arbitration and enjoin defendant from further pursuing its claims in state court, finding the arbitration clause was valid and all claims fell within its scope. Court rejected defendant’s argument for abstention, finding the FAA expresses a preference for federal litigation and the circumstances did not provide justification for court to surrender jurisdiction, and it stayed the action pending arbitration.
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Boyles v. Langmore Capital, LLC, No. 1:20-CV-00545-CCE-LPA (M.D.N.C. Aug. 13, 2020)08/13/2020
Court ordered a trial to decide the motion to compel arbitration pursuant to § 4 of the FAA, finding there was a disputed question of material fact as to whether plaintiff signed the arbitration agreements.
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Bautista v. Juul Labs Inc., No. 4:20-CV-01613-HSG (N.D. Cal. Aug. 12, 2020)08/12/2020
Court denied defendants’ motion to compel arbitration and stay the proceedings, finding the plaintiffs’ labor code claims did not fall within the scope of the arbitration agreement.
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Ma v. Gross, No. 2:20-CV-00081-RSM (W.D. Wash. Aug. 12, 2020)08/12/2020
Court granted plaintiff’s motion to compel arbitration and dismiss the action, finding that the language of the arbitration agreement clearly and unambiguously selected the AAA to serve as the administrator.
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Born and Chauhan v. Progrexion Teleservices, Inc., No. 2:20-CV-00107-RJS-DAO (D. Utah Aug. 11, 2020)08/11/2020
Court granted defendant’s motion to compel arbitration pursuant to the FAA. Court found that the issue of waiver by litigation conduct was for the court to decide and that defendant had not waived its right to arbitrate. However, court concluded the parties clearly and unmistakably agreed to submit the issues of unconscionability and class arbitration to the arbitrator by incorporation of the AAA Rules in the arbitration agreement.
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Diversicare Leasing Corp. v. Robinson, No. 0:19-CV-00117-HRW (E.D. Ky. Aug. 11, 2020)08/11/2020
Court granted motion to compel arbitration pursuant to the FAA, finding the arbitration agreement was valid and enforceable and defendant’s claims fell within the scope of the agreement. Court granted motion to enjoin defendant from proceeding with a parallel action in state court.
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Ely v. East Coast Restaurant and Night Clubs, LLC, No. 1:20-CV-00442-JD (D.N.H. Aug. 11, 2020)08/11/2020
Court granted motion to compel arbitration pursuant to the FAA, finding that the delegation provision meant the question of whether the arbitration agreement was valid and enforceable was for the arbitrator.
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First World Limited v. MIBC Holdings, LTD., No. 2:18-CV-01997-KJD-VCF (D. Nev. Aug. 10, 2020)08/10/2020
Court granted motion to compel arbitration, finding pursuant to the FAA that the arbitration agreement was valid and plaintiff’s pending claims fell within its scope. Court held that parties’ choice of ICC arbitration and the selection of Nevada substantive law did not render the arbitral provision ambiguous or impossible to enforce.
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Phillips v. NCL Corporation Ltd., No. 19-12463 (11th Cir. Aug. 10, 2020)08/10/2020
Court of appeals affirmed district court’s grant of the motion to compel arbitration finding the claims fell within the scope of the arbitration agreement. Court of appeals found that the class action waiver in the arbitration agreement applied, so the district court did not err in dismissing the class allegations.
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Great American Insurance Company v. Johnson Controls, Inc., No. 1:20-CV-00096-DRC (S.D. Ohio Aug. 7, 2020)08/07/2020
Court granted motion to compel arbitration, finding that a valid arbitration clause existed because the bond incorporated the subcontract which contained the arbitration provision. Court held it did not need to determine the scope of the arbitration agreement or whether the dispute was arbitrable, because the incorporation of the AAA Construction Rules provided clear and unmistakable evidence of the parties delegation of the issue of arbitrability to the arbitrator.
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Bishop v. Boral Industries, Inc., No. 3:18-CV-02701-RTB (S.D. Cal. Aug. 6, 2020)08/06/2020
Court granted defendants’ motion to compel arbitration finding that a valid arbitration agreement existed and that it applied to plaintiffs’ claims.
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Carrone v. UnitedHealth Group Inc., No. 3:20-CV-05138-FLW (D.N.J. Aug. 6, 2020)08/06/2020
Court granted defendants’ motion to compel arbitration of employment discrimination claims. Court held that defendants presented clear and unmistakable evidence of an agreement to arbitrate gateway arbitrability issues.
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A Grade Above Others, LLC v. BCVP2 Baileys Run, LLC, No. 0:20-CV-01727-JMC (D.S.C. Aug. 5, 2020)08/05/2020
Court granted defendants’ motion to compel arbitration of construction-related claims, holding that the parties’ contract clearly and unmistakably delegated the issue of arbitrability to the arbitrators.
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Convergen Energy LLC v. Brooks, No. 1:20-CV-03746-LJL (S.D.N.Y. Aug. 5, 2020)08/05/2020
Court denied plaintiff’s motion to stay arbitration of claims relating to the sale of a power plant. Court rejected plaintiffs’ argument the parties’ agreement was tainted by fraud and therefore rendered the arbitration agreement in it unenforceable. Court also rejected plaintiff’s argument that a stay of the arbitration was warranted in circumstances where the same issues were to be resolved in ongoing court litigation.
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Hedges v. United Parcel Service of America, Inc., No. 1:20-CV-00870-BMC (E.D.N.Y. Aug. 4, 2020)08/04/2020
Court granted defendant’s motion to compel arbitration of claims alleging violations of the Fair Labor Standards Act. Court rejected plaintiffs’ argument that defendant lacked authority to enter into “unenforceable side agreements” with its employees that were said to conflict with their collective bargaining agreement.
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MBA Community Loans PLC v. Castellani, No. 3:20-CV-02359-MMC (N.D. Cal. Aug. 4, 2020)08/04/2020
Court granted plaintiff’s uncontested motion for order confirming a foreign arbitration award relating to a loan agreement. Court held that no grounds for non-recognition under Chapter 2 of the FAA applied.
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Wallace v. Grubhub Holdings, Inc., Nos. 19-1564 & 19-2156 (7th Cir. Aug. 4, 2020)08/04/2020
Court of appeals upheld district court orders granting defendants’ motions to compel arbitration of claims brought under the Fair Labor Standards Act. Court held that defendants’ employees were not transportation workers engaged in interstate commerce because they were not actually engaged in the movement of goods in interstate commerce.
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Dalla-Longa v. Magnetar Capital LLC, No. 1:19-CV-11246-LGS (S.D.N.Y. Aug. 3, 2020)08/03/2020
Court granted respondent’s motion to dismiss petition to vacate an arbitration award. Court held that petitioner failed to serve respondent with proper and timely notice of the petition as required by 9 USC § 12.
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Meyer v. Kalanick, No. 1:15-CV-09796-JSR (S.D.N.Y. Aug 3, 2020)08/03/2020
Court denied plaintiff’s motion to vacate arbitration award relating to alleged violations of antitrust laws. Court rejected plaintiff’s contention that the arbitrator manifested “evident partiality” toward defendant.
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JE Dunn Construction Co. v. Owell Precast LLC, No. 4:20-CV-00158-BLW (D. Idaho Aug. 3, 2020)08/03/2020
Court granted plaintiff’s motion to compel arbitration of claims relating to construction contracts. Court rejected defendant’s argument that the arbitration agreement was invalid because plaintiff did not properly authenticate the contract for the purpose of entering it into the record. Court also rejected defendant’s argument that plaintiff was not a “party aggrieved” by defendant’s refusal to arbitrate.
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Juric v. Dick’s Sporting Goods, Inc., No. 2:20-CV-00651-MJH (W.D. Pa. Aug. 3, 2020)08/03/2020
Court granted defendant’s motion to compel arbitration of overtime compensation claims brought under the Fair Labor Standards Act. Court rejected plaintiffs’ allegation that they did not receive a copy of the arbitration agreement, which was provided electronically via human resources software. Court also rejected plaintiffs’ contention that the arbitration agreement was invalid because defendant did not sign it. Plaintiffs also sought to invalidate the arbitration agreement on grounds that defendant pressured them into signing it, which the court rejected.
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Mannapova v. P.S.C. Community Services, Inc., 1:18-CV-04146-FB (E.D.N.Y. Aug. 3, 2020)08/03/2020
Court granted defendant’s motion to compel arbitration of wage claims brought under the Fair Labor Standards Act. Court held that the arbitration agreement in the collective bargaining agreement was mandatory based on a Second Circuit decision in a related case. Court rejected plaintiffs’ contention that the collective bargaining agreement was not binding on its members, that the arbitration agreement did not cover claims arising before the collective bargaining agreement took effect and that the arbitration agreement had expired.
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Sullivan v. Feldman, No. 4:20-CV-02236-LHR (S.D. Tex. Aug. 3, 2020)08/03/2020
Court granted defendant’s motion to compel arbitration of claims against law firm for breach of contract, breach of fiduciary duty, tort, legal malpractice, and breach of professional obligations. Court held that companies affiliated with plaintiffs could be compelled to arbitrate their claims because under terms of the parties’ agreement “affiliates” of plaintiff were bound by the arbitration agreement.