Shearman & Sterling LLP | U.S. International Arbitration Digest | US International Arbitration
U.S. International Arbitration Digest
This links to the home page

US International Arbitration

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

FILTER BY:
AND/OR
  • CMB Infrastructure Group IX LP v. Cobra Energy Investment Finance Inc., No. 21-CV-00214-JAD-DJA (D. Nev. Nov. 15, 2021)
    11/15/2021

    Court granted defendants’ motion to compel arbitration, finding that (i) an arbitration agreement existed, (ii) the dispute fell within the scope of such agreement, and (iii) both signatory and nonsignatory parties to the agreement may compel or be compelled to arbitrate the claims in the case.

  • Rohm Semiconductor USA LLC v. Maxpower Semiconductor Inc., No. 21-1709 (Fed. Cir. Nov. 12, 2021)
    11/12/2021

    Court of appeal affirmed decision compelling arbitration and dismissing declaratory judgment action, finding that (i) the underlying agreement was not ambiguous; (ii) the dispute was international; and (iii) the parties intended to delegate arbitrability to an arbitrator.

  • ADT, L.L.C. v. Richmond, No. 21-10023 (5th Cir. Nov. 11, 2021)
    11/11/2021

    Court vacated lower court’s dismissal for want of diversity jurisdiction, holding that between the parties there was a binding agreement to arbitrate. Court remanded the case for the district court to determine if a third-party who might defeat diversity jurisdiction should be joined as indispensable.

  • FMC Corporation v. Syngenta Crop Protection AG, No. 21-CV-00487 (W.D.N.Y. Nov. 11, 2021)
    11/11/2021

    Court granted motion to dismiss ruling in a patent dispute case.  Court held that the arbitration clause in the parties’ collaboration agreement clearly required the parties to submit their claims to binding arbitration.

  • Micula v. Government of Romania, No. 17-CV-02332-APM (D.D.C. Nov. 8, 2021)
    11/08/2021

    Court granted motion to enter judgment in favor of petitioners for accrued sanctions.  Court found that by not answering petitioners’ interrogatories within 14 days, respondent had failed to fulfill the conditions that would allow them to avoid imposition of at least some of the accrued sanctions.

  • Hermes of Paris, Inc. v. Swain, No. 20-3451 (2nd Cir. Nov. 8, 2021)
    11/08/2021

    Court affirmed lower court’s confirmation of arbitration award dismissing respondent-appellant’s claims as untimely.  Court found that limitations defenses were arbitrable under the parties’ arbitration agreement because the presumption of arbitrability was not rebutted by any express language in the contract. Court also upheld an anti-filing injunction given petitioner-appellees history of vexatious and duplicative litigation.

  • Hawley v. Boysen, No. 20-CV-02562-JWL-TJJ (D. Kan. Nov. 4, 2021)
    11/04/2021

    Court denied motion to compel arbitration in a breach of contract case.  Court found that there was no meeting of the minds on the question of mandatory arbitration and that therefore there was no arbitration agreement to enforce.

  • Nu-X Ventures v. SBL LLC dba Global Cannabinoids, No. 21-CV-0354-GNS (W.D .Ky. October 21, 2021)
    10/21/2021

    Court granted defendant’s motion to compel arbitration in a contract dispute regarding the shipment of cannabinoid gummies.  Court found the arbitration clause was validly part of the contract and plaintiff could not rebut the presumption that the arbitration clause was enforceable because the clause mirrored one in another contract signed by plaintiff and plaintiffs’ business was sophisticated enough to have read the arbitration clause despite the fact that it was not conspicuous.

  • Weinstein v. Katapult Group Inc., No. 21-CV-05175-PJH (N.D. Cal. October 15, 2021)
    10/15/2021

    Court denied defendant’s motion to compel arbitration in a contract dispute arising out of an acquisition.  Court found no “hint” of the parties’ intent to arbitrate disputes in the acquisition documents.

  • Martinique Properties LLC v. Certain Underwriters at Lloyd's, No. 21-CV-00209-BCB-SMB (D. Neb. October 15, 2021)
    10/15/2021

    Court held appraisal provision in insurance policy constituted an arbitration agreement under the FAA.  Court also found that complainant failed to sufficiently allege grounds to vacate the insurance award under the New York Convention because complainant failed to allege incapacity, improper notice, or that the award did not accord with the relevant agreement.

  • Cheruvoth v. Seadream Yacht Club Inc., No. 20-14450 (11th Cir. Oct. 6, 2021)
    10/06/2021

    Court of appeals affirmed district court’s order compelling arbitration under the New York Convention.  Court of appeals found written agreements existed between the parties, as the conditions precedent to contract formation were substantially complied with and a copy of the executed agreements was supplied to defendants.

  • Podgorny v. Ally Finance, No. 21-CV-00288 (D. Ariz. Sept. 23, 2021)
    09/23/2021

    Court denied defendant’s motion to compel arbitration and granted motion to dismiss with leave to amend in a case involving pro se plaintiffs.  Court found that it could not determine whether the disputes were covered by an arbitration agreement until the plaintiffs had filed a complaint with sufficient factual allegations to determine whether arbitration was necessary.

  • Tieszen v. Ebay Inc., No. 21-CV-04002-KES (D.S.D. Sept. 21, 2021)
    09/21/2021

    Court granted defendant’s motion to compel arbitration in a product liability suit.  Court found that there was a valid and enforceable arbitration clause in the user agreement consented to by the plaintiff and that the claim fell within its scope.

  • Absolute Nevada LLC v. Grand Majestic Riverboat Company LLC, No. 21-CV-11479-PKC (S.D.N.Y. Sept. 17, 2021)
    09/17/2021

    Court granted motion to confirm arbitral awards against respondent in a case arising out of a shipping charter dispute.  Court stayed motion to confirm arbitral award against third party pending outcome of an appeal.

  • Brice v. Plain Green LLC, No. 19-15707 (9th Cir. September 16, 2021)
    09/16/2021

    Court reversed district court’s order denying defendants’ motion to compel arbitration in a RICO action and remanded with instructions to stay the case and compel the parties to proceed with arbitration.  Court concluded an agreement delegating to an arbitrator the question of whether an arbitration agreement is enforceable must be upheld unless the delegation provision itself is unenforceable.  Court found that the delegation provision was not an invalid prospective waiver and therefore arbitration could proceed.

  • Chamber of Commerce of the United States of America v. Bonta, No. 20-15291 (9th Cir. Sept. 15, 2021)
    09/15/2021

    Court held that California Government Code § 12953 and Labor Code § 433 were preempted to the extent that they applied to executed arbitration agreements covered by the FAA.  Court also vacated district court’s preliminary injunction, holding that Section § 432.6 was not preempted by the FAA because it applied only in the absence of an agreement to arbitrate and expressly provided for the validity and enforceability of agreements to arbitrate.

  • Synopsys, Inc. v. Avatar Integrated Systems, Inc., No. 20-CV-04151-WHO (N.D. Cal. Sept. 9, 2021)
    09/09/2021

    Court granted defendant’s motion to stay the entire action under the FAA, including a stay of non-arbitrable issues, finding that even though it was not apparent that the FAA mandated a stay of the entire action, the conservation of judicial resources from a discretionary stay of the entire action outweighed any potential harm to plaintiff.

  • Nordic Water Products AB v. Veolia Water Solutions Technologies Support, No. 21-CV-317-FL (E.D.N.C. Sept. 1, 2021)
    09/01/2021

    Court granted motions to compel arbitration in related cases arising out of a patent dispute. Court found that the issues raised by the plaintiffs were subject to arbitration under the terms of the parties’ arbitration agreement. 

  • ArtiCure Inc. v. Meng No. 19-4067, No. 19-4067 (6th Cir. Aug. 27, 2021)
    08/27/2021

    Court considered whether Ohio law permitted defendants to enforce an arbitration clause even though they did not sign the contract.  Court agreed with district court in rejecting defendant’s equitable estoppel argument and one of their agency arguments but remanded for reconsideration of defendants’ second agency claim.

  • Iberoamericana de Hidrocarburos S.A. v. Exterran Corporation, No. 4:21-CV-01840 (S.D. Tex. Aug. 19, 2021)
    08/19/2021

    Court granted defendants’ motion to compel ICC arbitration and to stay the case pending arbitration.  Pursuant to the FAA, court found a valid agreement to arbitrate and concluded that the dispute fell within the scope of the agreement.

  • Cathay Capital Holdings II, LP v. Zheng, No. 3:20-CV-01365-JBA (D. Conn. Aug. 18, 2021)
    08/18/2021

    Court granted defendant’s motion to compel arbitration and stay the case.  Court found that the parties intended to delegate the question of arbitrability to the arbitrator by incorporating the UNCITRAL and HKAIC rules into the agreements.  Court denied plaintiff’s motion to remand to state court, finding the action related to arbitration agreements subject to the New York Convention, which confers subject matter jurisdiction on the court.

  • CLMS Management Services Limit, et al v. Amwins Brokerage of Georgia LL, et al, No. 20-35428 (9th Cir. Aug. 12, 2021)
    08/12/2021

    Court affirmed district court’s order compelling arbitration in an insurance dispute involving U.S. policy-holders and a U.K. insurance company following the aftermath of Hurricane Harvey in 2017.  Court found that the McCarran-Ferguson Act, a Washington law that prohibits the enforcement of arbitration clauses in insurance contracts, does not prohibit enforcement of the New York Convention such that Washington law controls, because the Convention is self-executing and therefore not reverse-preempted by the McCarran-Ferguson Act.

  • Cruz v. Mercedes-Benz USA LLC, No. 21-CV-00809-JGB-SHK (C.D. Cal. August 12, 2021)
    08/12/2021

    Court denied defendant’s motion to compel arbitration finding defendant did not have standing to enforce the arbitration clause as a third-party beneficiary to a lease.  Court held that the parties clearly chose to include successors or assigns in the arbitration clause but that this did not include defendant.

  • Takiedine v. 7-Eleven Inc., No. 17-CV-04518 (E.D. Pa. Jul. 29, 2021)
    07/29/2021

    Court granted plaintiff’s motion for reconsideration of a previous order compelling arbitration.  Court found on reconsideration that the arbitration agreement at issue was invalid.  Court allowed the motion despite it being untimely because it found that denying reconsideration would leave the parties in legal limbo.

  • Gerlach v. Tickmark Inc., No. 21-CV-02768 (N.D.Cal. July. 28, 2021)
    07/28/2021

    Court granted motion to compel arbitration in a contract dispute.  Court found that the parties entered into a valid arbitration agreement and “clearly and unmistakably” intended to delegate questions of arbitrability to the arbitrator.

  • Mitas Endustri Sanayi Ticaret A.S. v. Valmont Industries Inc., No. 20-CV-01285-CFC (D. Del. Jul. 27, 2021)
    07/27/2021

    Court granted defendant’s motion to compel arbitration of claims alleging misappropriation of trade secrets and deceptive trade practices. Court found that there was a valid arbitration provision in a Non-Disclosure Agreement between the parties.

  • Lavvan Inc. v. Amyris Inc., No. 20-CV-07386 (S.D.N.Y. Jul. 26, 2021)
    07/26/2021

    Court denied a motion to compel arbitration of claims alleging trade secret misappropriation and patent infringement.  Court found that there was an explicit agreement between the parties that intellectual property disputes would be determined by a court and that requiring the parties to arbitrate would ignore the clear language of the parties’ agreement.

  • Nidec Corporation v. Seargate Technology LLC, No. 1:21-CV-00052-RGA (D. Del. July 20, 2021)
    07/20/2021

    Court granted defendant’s motion to compel arbitration and stayed the case pending arbitration of the issue of arbitrability, finding that the parties unmistakably delegated to the issue of arbitrability to an arbitrator when the parties incorporated the JAMS International Arbitration Rules into their agreement.

  • Fischer v. Instant Checkmate LLC, No. 1:19-CV-04892 (N.D. Ill. July 19, 2021)
    07/19/2021

    Court granted defendant’s motion to compel arbitration, finding that plaintiff’s registration on defendant’s website and clicking “Continue” constituted acceptance of defendant’s Terms of Use, which included an arbitration agreement.

  • Tuckman v. JPMorgan Chase Bank, N.A., No. 20-11242 (11th Cir. July 7, 2021)
    07/07/2021

    Court of appeals affirmed district court decision denying appellants’ motion to compel arbitration, finding that the arbitration agreement was not enforceable as to plaintiff where: (1) plaintiff did not sign the agreement in his individual capacity and (2) no equitable considerations existed to allow non-signatory defendants to enforce the agreement.

  • PPT Research Inc. v. Solvay USA Inc., No. 20-CV-02645-JLS (E.D. Pa. July 7, 2021)
    07/07/2021

    Court granted defendants’ motion to compel arbitration and stayed the matter pending arbitration.  Court found the arbitration provision in the reciprocal confidentiality agreement signed between the parties properly delegated the question of arbitrability to the arbitrator and the use of the word “may” in the arbitration provision did not render the clause permissive. Court also addressed plaintiff’s “effective vindication” argument finding plaintiff was “disingenuous” in claiming financial distress while simultaneously seeking to proceed in federal court litigation.

  • Setty v. Shrinivas Sugandhalaya LLP, No. 18-35573 (9th Cir. July 7, 2021)
    07/07/2021

    Court affirmed the district court’s order denying defendant’s motion to compel arbitration and to grant a stay pending arbitration on remand from the Supreme Court.  In applying federal common law, the Court found the claims have no relationship to the partnership deed containing the arbitration agreement at issue in the appeal.  The ownership issue at question does not stem from the partnership deed and therefore, the district court did not abuse its discretion in rejecting defendants’ argument for equitable estoppel or denying its motion to compel.

  • Harren & Partner Ship Management De Mexico S.A.P.I. v. American Bureau of Shipping, No. 1:21-CV-05361-LGS (S.D.N.Y. July 7, 2021)
    07/07/2021

    Court granted petitioners’ request to preliminary enjoin the arbitration before the Society of Maritime Arbitrators, finding that the petitioners established a likelihood of success on the merits that there was no arbitration agreement in force between the parties under the New York Convention, since there was no written arbitral agreement and they could not be bound by estoppel.  Court found that petitioners showed a likelihood of irreparable harm absent relief, that the balance of equities favored the petitioners, and that an injunction was not against the public interest.

  • Infrared Environmental Infrastructure GP Limited v. Kingdom of Spain, No. 20-CV-00817-JDB (D.D.C. June 29, 2021)
    06/29/2021

    Court denied the Kingdom of Spain’s motion to dismiss action to enforce an ICSID arbitral award and plaintiffs’ cross-motion for summary judgment without prejudice, finding that its ruling would directly and prematurely contradict the judgment of the ICSID tribunal, pending the resolution of ICSID annulment proceedings.  Court also granted Spain’s motion to stay pending resolution of the annulment proceedings, holding that the balance of hardships favored a stay.  Court also denied plaintiffs’ request that Spain be ordered to provide a bond to secure the ICSID award, finding that such an order would undermine the court’s decision not to rule on the validity of the ICSID award.

  • CKR Law LLP v. Anderson Investments International, LLC, No. 20-CV-07937 (S.D.N.Y. Jun. 21, 2021)
    06/21/2021

    Court granted petitioner’s motion for default judgment in a petition to compel arbitration under the FAA.  Court declined to inquire into personal jurisdiction at this stage, reasoning that the Second Circuit required such petitions to be ‘decided with dispatch’ and that a respondent would have opportunities later to appear and contest jurisdiction.

  • Boyd-Holsinger v. Peloton College LLC., No. 19-CV-01686 (N.D.Tex. Jun. 21, 2021)
    06/21/2021

    Court granted defendant’s motion to compel arbitration of claims brought under the False Claims Act.  Court found that there were valid agreements to arbitrate between the parties that encompassed the claims at issue.

  • Julabo USA, Inc. v. Juchheim, No. 5:19-CV-01412-JDW (E.D. Pa. June 9, 2021)
    06/09/2021

    Court granted motion to compel ICDR arbitration and stay the litigation pursuant to the FAA.

  • Bryon Stafford v. Rite Aid Corporation, No. 20-55333 (9th Cir. May 21, 2021)
    05/21/2021

    Court of appeals affirmed district court’s order denying motion to compel arbitration in putative class action, holding that equitable estoppel did not apply to bind lead plaintiff to the arbitration agreements in contracts between defendant and third parties.

  • Peiran Zheng v. Live Auctioneers LLC, No. 20-CV-9744 (S.D.N.Y. May 21, 2021)
    05/21/2021

    Court granted motion to compel arbitration and stay the litigation, finding that “clickwrap” agreement on defendant’s website created a binding contract to arbitrate.

  • Uttam Chand Rakesh Kumar v. Derco Associates Inc., No. 1:21-CV-00692-DAD (E.D. Cal. May. 17, 2021)
    05/17/2021

    Court denied plaintiffs’ motion for a temporary restraining order and preliminary injunction in a contract dispute case where plaintiffs were seeking a declaratory judgment that the arbitration agreement between the parties was unenforceable.  Court held that plaintiffs had not demonstrated that they were likely to succeed on the merits of the action because they had breached the contract and the question of whether the arbitration clause had been terminated or repudiated is a matter for the arbitrator to decide.

  • Cube Infrastructure Fund SICAV v. Kingdom of Spain, 1:20-CV-01708-EGS (D. D.C. May. 17, 2021)
    05/17/2021

    Court granted defendant’s motion for a stay and denied without prejudice defendant’s motion for to dismiss in an enforcement case.  Court held that the most efficient and fairest course was to stay the case while defendant’s pending application to annul the award was resolved by the ICSID, reasoning that considerations of international comity also weighed in favor of a stay given that the case involved addressing a conflict between decades-old treaties and newly minted EU case law.

  • Midwest Air Technologies, Inc. v. JC US Inc., No. 21-CV-00337 (N.D. Ill. Apr. 29, 2021)
    04/29/2021

    Court granted defendants’ motion to dismiss for improper venue.  The Court found that the parties’ inclusion of the AAA rules in the arbitration clause constituted a clear agreement by the parties to arbitrate threshold arbitrability issues.

  • The WE Project, Inc. v. Relavistic, LLC, No. 20-CV-02873-JG (N.D. Ohio Apr. 28, 2021)
    04/28/2021

    Court denied defendant’s motion to compel arbitration.  Analyzing Maryland law as selected by the contracting parties, court found that the arbitration agreement was unenforceable for want of mutual consideration.  Court held that the agreement provided for arbitration at the sole discretion of defendant.

  • Stauber v. Per Mar Security and Research Corp, No. 20-CV-00775-JDP (W.D. Wis. Apr. 27, 2021)
    04/27/2021

    Court ordered a hearing on defendant’s motion to compel arbitration.  Pro se plaintiff argued that the arbitration agreement was invalid or unconscionable.  In reading the pro se filing generously, the court found plaintiff’s allegations raised a plausible concern that the signed agreement was a product of fraud.

  • Phillips v. Weatherford US, LP, No. 20-CV-01104 -RP (W.D. Tex. Apr. 27, 2021)
    04/27/2021

    Court denied defendant’s motion to dismiss, or in the alternative to stay, and compel arbitration concluding that there remained a genuine fact issue as to the validity of the arbitration agreement.  Court held that defendant failed to produce sufficient evidence to establish that plaintiff, a former employee, received notice of the company’s dispute resolution program, which mandates arbitration.

  • Healey v. Elliot, P.C., No. 20-CV-13209-MAG-RSW (E.D. Mich. Apr. 27, 2021)
    04/27/2021

    Court granted plaintiff’s motion for leave to take limited discovery to respond to defendant’s motion to compel arbitration.  The court noted that limited discovery requests of this kind are entertained by the Sixth Circuit because motions to compel arbitration are evaluated similarly to motions for summary judgment.

  • In re Stubhub Refund Litigation, No. 20-MD-02951-MSG (N.D. Cal. Apr. 27, 2021)
    04/27/2021

    Court provided defendant leave to amend its motion to compel arbitration after plaintiff introduced new evidence at the motion’s hearing.  Plaintiffs argued that the existence of an agreement to arbitrate may depend on whether plaintiffs purchased tickets from the website or the mobile application.  The court granted defendants time to file a supplemental brief to respond to this argument.

  • Jackson v. EK Real Estate Servs. of NY, LLC, No. 20-CV-03867 (S.D. Tex. Apr. 27, 2021)
    04/27/2021

    Court vacated a memorandum and opinion denying defendant’s motion to compel arbitration because the parties agreed to settle.  The court found that vacatur was in the public interest as the case involved an indigent homeowner facing eviction represented by pro bono counsel.

  • Unitech Composites, Inc. v. Avcorp Industries Inc., No. 3:18-CV-1399-YY (D. Or. Apr. 17, 2021)
    04/17/2021

    Court declined to adopt magistrate judge’s findings and recommendation to grant defendant’s motion to compel arbitration, finding that defendant waived its right to arbitration.

  • Cargill Inc. v. Triorient LLC, No. 20-CV-10058 (S.D.N.Y. Apr. 15, 2021) 
    04/15/2021

    Court granted petitioner’s motion to confirm a final arbitral award in a case relating to a breach of a charter party.  Court found no genuine factual dispute as to the propriety of the final award and duly confirmed. 

View All