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  • Chicken Mart, Inc. v. Independent Specialty Insurance Company, No. 23-CV-06661-EEF-JVM (E.D. La. Feb. 23, 2024)
    02/23/2024

    Court granted motion to compel arbitration and stayed litigation pending arbitration, finding that the requirements of the New York Convention were satisfied.  Court compelled arbitration between foreign and domestic defendants because plaintiff was alleging intertwined conduct on the part of all defendants.

  • Apex Hospitality Group, LLC v. Independent Specialty Insurance Company, No. 23-CV-02060-JTM-JVM (E.D. La. Feb. 23, 2024)
    02/23/2024

    Court granted motion to compel arbitration, finding that the requirements of the New York Convention were satisfied.  Court found that plaintiff was equitably estopped from objecting to arbitration against domestic defendant, a non-signatory to the arbitration agreement, because plaintiff alleged conduct that was interdependent and concerted with signatory foreign defendant.  Court also held that arbitration clauses are forum or venue selection clauses and application of equitable estoppel was thus not precluded by Louisiana law.

  • Hoeg v. Samsung Electronics of America, Inc., No. 23-CV-01951 (E.D. Ill. Feb. 20, 2024)
    02/20/2024

    Court found under § 4 of the FAA, that it may grant an order to compel arbitration where a duly initiated arbitral proceeding was previously administratively closed due to the opposition’s failure to pay its fees.  To hold otherwise would lead to a “never-ending game of cat-and-mouse” where the parties continue to initiate arbitration proceedings and one-party refuses to pay.

  • Cameron Parish Recreation #6 v. Indian Harbor Insurance Company, No. 23-30181 (5th Cir. Feb. 19, 2024)
    02/19/2024

    Court of Appeals vacated a discovery order and remanded to the district court to immediately grant a stay pending its decision on arbitration.  Court of appeals found discovery was improper in this case, where determining if a valid arbitration agreement existed between the parties was purely a matter of law.

  • Chemaly v. Lampert, No. 23-CV-24257-BB (S.D. Fla. Feb. 16, 2024)
    02/16/2024

    Court granted in part and denied in part motions to compel arbitration pursuant to the New York Convention and to remand to state court, finding certain claims reasonably arose out of the arbitration agreement and remanding to state court the tort claims that did not fall within the scope of the arbitration agreement and did not arise under federal law.

  • Port of Vancouver USA v. BNSF Railway Company, No. 3:23-CV-05560-DGE (W.D. Wash. Feb. 15, 2024)
    02/15/2024

    Court granted defendant’s motion to dismiss and compel arbitration under the FAA as to claims that defendant was not complying with an arbitration award against it that had been confirmed by a federal court.  Court reasoned that whether it could enforce the terms of the arbitration award was a “question of arbitrability” it could not resolve because the award was ambiguous.

  • Carriage Court Condominiums Owners Association v. Renaissance Re, No. 23-CV-05544-LMA-MBN (E.D. La. Feb. 7, 2024)
    02/07/2024

    Court granted defendants’ motion to compel arbitration finding the insurance policy included a valid arbitration agreement enforceable pursuant to the New York Convention and the FAA. Plaintiff failed to file a timely opposition.

  • Cedar Ridge, LLC v. Certain Underwriters at Lloyd’s London, No. 23-CV-07350-SSV-JVM (E.D. La. Feb. 7, 2024)
    02/07/2024

    Court granted defendants’ motion to compel arbitration and stay the proceedings finding arbitration is mandated under the plaintiff’s insurance policy and the dispute is governed by the New York Convention.  Plaintiff did not oppose the motion.

  • First United Methodist Church of Houma v. Underwriters at Lloyds of London, No. 23-CV-00610-JTM-JVM (E.D. La. Feb. 7, 2024)
    02/07/2024

    Court granted defendants’ motion to compel arbitration finding the plaintiff’s insurance policy included a valid and enforceable arbitration clause. Court rejected plaintiff’s argument that defendants had waived their right to arbitration finding that defendants did not evince a desire to resolve the dispute through litigation rather than arbitration by admitting venue and jurisdiction were proper in their answer, raising affirmative defenses but not the issue of arbitration, conducting discovery and providing initial disclosures, participating in mediation, and the passage of significant time since plaintiff filed its petition in state court.

  • Parish of Lafourche v. Indian Harbor Insurance Company, No. 23-CV-03472-SM-MBN, Dkt. No. 33 (E.D. La. Feb. 2, 2024)
    02/02/2024

    Court denied plaintiff’s motion to remand to state court finding abstention was inappropriate, namely, because the cause of action arose under federal law under the New York Convention and FAA, and the dispute did not involve vital state interests.

  • Parish of Lafourche v. Indian Harbor Insurance Company, No. 23-CV-03472-SM-MBN, Dkt. No. 34 (E.D. La. Feb. 2, 2024)
    02/02/2024

    Court granted defendants’ motion to compel arbitration and stay proceedings finding the service-of-suit clause did not constitute a waiver of defendants’ right to compel arbitration.  Instead, the clause complemented the arbitration agreement by establishing a forum where the parties may enforce an arbitration award.

  • Dryades YMCA v. Certain Underwriters at Lloyds, London, No. 23-CV-03411-JTN-MBN (E.D. La. Jan. 31, 2024)
    01/31/2024

    Court granted defendants’ motion to compel arbitration and stay proceedings finding that Louisiana state law does not prevent the enforcement of arbitration clauses in insurance contracts as to foreign insurers.  Court found that the New York Convention superseded the Louisiana state law seeking to supersede federal laws regulating the business of insurance.

  • Regal Games, LLC v. SellerX Eight GMBH, No. 1:22-CV-07455-ER  (S.D.N.Y. Jan. 25, 2024)
    01/25/2024

    Court granted defendant’s motion to compel arbitration pursuant to the FAA, finding that the parties formed a valid agreement to arbitrate even when the underlying agreement did not expressly contain the words arbitration or arbitrator and where the arbitrator was a non-legal expert.  Court stayed the proceedings pending the outcome of the arbitration.

  • Bayport Financial Service (USA) Inc. v. Bayboston Managers, LLC, No. 22-CV-21306-JEM (S.D. Fla. Jan. 24, 2024)
    01/24/2024

    Magistrate judge recommended that motion to compel arbitration be granted pursuant to the New York Convention, finding that an alter ego analysis was inapplicable here and thus, one defendant’s engagement in litigation could not waive the arbitral rights of another defendant.

  • The Resource Group International Limited v. Chishti, No. 23-286 (2d Cir. Jan. 22, 2024)
    01/22/2024

    Court of Appeals vacated and remanded the district court’s order finding it relied on an erroneous view of the law in concluding that plaintiffs failed to demonstrate a likelihood of success on the merits of their claims and irreparable harm absent a preliminary injunction.  Court of Appeals found (1) district court erroneously concluded that a later-executed agreement that did not specifically mention arbitration likely did not supersede the arbitration agreement, and, as a result, failed to determine the scope of the agreement or otherwise identify which claims are arbitrable in the first instance; and (2) district court erred in concluding that being forced to arbitrate an inarbitrable claim cannot constitute irreparable harm.

  • Siddiqui Enterprises, LLC v. Independent Specialty Insurance Company, No. 2:23-CV-04329-CJB-JVM  (E.D. La. Jan. 19, 2024)
    01/19/2024

    Court granted defendants’ motion to compel arbitration, finding the arbitration agreement was enforceable under the New York Convention because there was a written agreement to arbitrate, the agreement provided for arbitration in a New York Convention signatory nation, the agreement arose out of a commercial legal relationship, and at least one party to the agreement was not an American citizen.  Court rejected plaintiff’s argument that, pursuant to the McCarran-Ferguson Act, a local Louisiana law reverse-preempted the enforceability of the arbitration clause.

  • Watershape, Inc. v. The Association of Pool and Spa Professionals, No. 2:23-CV-00466-JCM-EJY (D. Nev. Jan. 19, 2024)
    01/19/2024

    Court granted defendants’ motion to dismiss and compel arbitration pursuant to the FAA, finding the language of the arbitration clause was broad in scope and thus plaintiff’s dispute concerning how the underlying agreement must be interpreted fell within the scope of the arbitration clause.

  • Causeway Partners, L.L.C. v. Indian Harbor Insurance Company, No. 23-CV-06108-SM-JVM (E.D. La. Jan. 17, 2024)
    01/17/2024

    Court granted defendant’s motion to compel arbitration and stay the proceedings, finding that the requirements of the New York Convention were satisfied.  As to domestic defendants, court found that (i) the doctrine of equitable estoppel applied to non-signatories to the arbitration provision; and (ii) Louisiana law did not prohibit the domestic defendants from enforcing the arbitration clause found in each of their contracts.  Court noted that although Louisiana law ordinarily prohibits enforcement of arbitration clauses as forum or venue selection clauses, Louisiana law grants an exception to surplus line insurance policies like that issued by defendants.

  • Patterson v. Jump Trading LLC, No. 22-CV-03600-PCP (N.D. Cal. Jan. 4, 2024)
    01/04/2024

    Court denied defendant’s motion to compel arbitration because defendant was not a party to the arbitration agreement between plaintiffs and former defendant. Court concluded that lead plaintiff’s arbitration agreement did not delegate issues of arbitrability to an arbitrator, and the arbitration agreement did not compel arbitration against non-signatory defendant. 

  • Battle v. General Motors, LLC, No. 22-CV-10783-MAG-KGA (E.D. Mich. Jan. 4, 2024)
    01/04/2024

    Court granted defendant’s motion to compel arbitration on the grounds that the question of arbitrability as to the claims involving defendant—as a non-party to the agreement containing the arbitration provision—was properly delegated to the arbitrator.

  • Nicholas Services, LLC v. Bombardier Inc., 3:23-CV-00251-MPM-RP (N.D. Miss. Dec. 26, 2023)
    12/26/2023

    Court granted defendants’ motion to compel arbitration and stayed the proceedings after determining that it should decide threshold issues of arbitrability, despite AAA’s letter to the parties stating that AAA had made an administrative determination that claimant met the filing requirements.  Court acknowledged that the fact that plaintiffs had not signed the arbitration agreement was a significant obstacle to defendants’ case but nonetheless accepted defendants’ arguments that the at-issue warranty transferred with the product when the original purchaser resold the product to plaintiffs. 

  • TotalEnergies Renewables USA LLC v. Trina Solar (U.S.), Inc., No. 22-16763 (9th Cir. Dec. 21, 2023)
    12/21/2023

    Court of appeals dismissed for lack of appellate jurisdiction under 28 USC § 1447(d) review of district court’s order denying motion to compel arbitration and remanding the case to state court.  Court of appeals found district court’s order could be “colorably characterized” as a remand for lack of subject matter jurisdiction and thus, the order remanding the case was unreviewable on appeal.

  • Nipro Corporation v. Verner, No. 19-CV-62121-AHS (S.D. Fla. Dec. 21, 2023)
    12/21/2023

    Court denied motion to dismiss where an ICC tribunal determined it did not have jurisdiction to decide the merits of plaintiff’s claims against defendants, and court retained jurisdiction to hear claims based on diversity jurisdiction.

  • Union Bethel African Methodist Episcopal Church v. Independent Specialty Insurance Company, No. 2:23-CV-05455-LMA-KWR (E.D. La. Dec. 20, 2023)
    12/20/2023

    Court granted motion to compel arbitration where Louisiana law does not prohibit the enforcement of arbitration clauses in surplus lines insurance policies and where plaintiff alleged substantially interdependent and concerted misconduct by foreign and domestic insurers.

  • America Chung Nam, LLC v. Mitsui O.S.K. Lines, Ltd., No. 2:23-CV-07676-SB-JPR (C.D. Cal. Dec. 19, 2023)
    12/19/2023

    Court denied motion to remand to state court and granted motion to compel arbitration where a valid arbitration agreement existed under the New York Convention and the claims at issue related to that agreement.  

  • Transportation Consultants, Inc. v. Certain Underwriters at Lloyd’s London, No. 2:23-CV-06585-EEF-MBN (E.D. La. Dec. 15, 2023)
    12/15/2023

    Court granted motion to compel arbitration of an insurance dispute and stay litigation pursuant to the New York Convention, where there was a written agreement to arbitrate, the arbitration clause required arbitration take place in a signatory nation, the agreement stemmed from a commercial legal relationship, and at least one defendant was a foreign citizen.

  • Doe v. VGW Malta Ltd., No. 23-CV-03226-TWT (N.D. Ga. Nov. 28, 2023)
    11/28/2023

    Court granted defendant’s motion to compel arbitration pursuant to the FAA, finding an arbitration agreement exists between the parties and there are no grounds on which to deny enforcement of the agreement.  Court rejected plaintiff’s arguments that the arbitration agreement was void because it was made pursuant to a gambling contract which is illegal under Georgia law, and that plaintiff was fraudulently induced to enter the contract, finding both allegations are questions to be resolved by the arbitrator.

  • Insurance Company of Greater New York v. Kinsale Insurance Company, 1:23-CV-03577-JMF (S.D.N.Y. Nov. 15, 2023)
    11/15/2023

    Court granted defendant’s motion to compel arbitration, although plaintiff was not a signatory to the policy at issue, reasoning that plaintiff was bound by the arbitration clause because plaintiff sought to enforce other provisions of the policy against defendant.  Court rejected plaintiff’s argument that the policy contained a “service of suit” provision, finding that the clause applies only when a party seeks to compel arbitration or enforce an arbitration award.  Court similarly rejected plaintiff’s argument that defendant waived its right to compel arbitration by delaying its motion to compel until a month after the suit was filed and a few days after removal to federal court.  Court stayed the proceedings pending resolution of the arbitration.

  • National Casualty Company v. Continental Insurance Company, 1:23-CV-03143 (N.D. Ill. Nov. 15, 2023)
    11/15/2023

    Court granted defendant’s cross-motion to compel arbitration of claims relating to the interpretation of a contractual provision that was the subject of previous arbitrations between the same parties that were confirmed in federal court.  Court held that the preclusive effect of the previous arbitrations on the pending proceedings was appropriate for an arbitration panel to decide.  Court dismissed the case without prejudice, concluding that all of the claims were subject to arbitration.

  • Jean Lafitte Condominium, LLC v. Certain Underwriters at Lloyd’s London, 2:23-CV-03415-SSV-KWR (E.D. La. Nov. 14, 2023)
    11/14/2023

    Court granted defendants’ motion to compel arbitration and stay the proceedings pending arbitration.  Court found that the requirements of the New York Convention were satisfied and that the issue of arbitrability was for the arbitrators given the arbitration clause’s broad language encompassing all matters in difference, including those relating to the arbitrability of any dispute.  Court stayed the proceedings and declined to exercise its discretion to dismiss the action, finding that defendants had not adequately justified that a dismissal, rather than a stay, was the proper action.

  • Morningstar v. Amazon.com, 23-60367 (5th Cir. Nov. 14, 2023)
    11/14/2023

    Court denied plaintiff’s motion to proceed in forma pauperis and dismissed as frivolous his appeal from the district court’s grant of defendant’s motion to compel arbitration and dismissal of the case, noting that plaintiff had not shown he was fraudulently induced into agreeing to the arbitration provisions at issue.

  • La Belle Maison Associates, LLC v. Amrisc LP, No. 2:23-CV-06440-BWA-MBN (E.D. La. Nov. 9, 2023)
    11/09/2023

    Court granted motion to compel arbitration and stay proceedings where the insurance policy at issue contained an arbitration clause that fell under the New York Convention and required all claims to be arbitrated in New York.

  • Shenzhen Zongheng Domain Network Co., Ltd. v. Amazon.com Services LLC, No. 1:23-CV-03334-JLR (S.D.N.Y. Nov. 7, 2023)
    11/07/2023

    Court denied petition to vacate arbitration award and granted cross-motion to confirm the award where there was no basis to confirm that the arbitrator manifestly disregarded the law and where there was no public policy ground to vacate the award.

  • Baker Hughes Saudi Arabia Co. Ltd. v. Dynamic Industries, Inc., No. 2:23-CV-01396-GGG-KWR (E.D. La. Nov. 6, 2023)
    11/06/2023

    Court denied defendants’ motion to dismiss for forum non conveniens or to compel arbitration where the parties’ agreed upon arbitration center, the Dubai International Financial Center London Court of International Arbitration, was replaced by the Dubai International Arbitration Center and was therefore no longer available.

  • Allco Finance Limited, Inc. v. Trina Solar (U.S.) Inc., No. 9:23-CV-81111-RLR (S.D. Fla. Nov. 2, 2023)
    11/02/2023

    Court granted defendants’ motion to compel arbitration pursuant to the FAA.  Court found that the parties agreed to arbitrate and the dispute potentially fell within the scope of the arbitration agreements.  Court also found that the arbitration agreements delegated the question of arbitrability to the arbitrator by incorporating the AAA rules.

  • Barcadia Bar & Grill of New Orleans, LLC v. Independent Specialty Insurance Company, No. 2:23-CV-03125-EEF-JVM (E.D. La. Nov. 2, 2023)
    11/02/2023

    Court granted defendants’ motion to compel arbitration.  Court found that defendants did not waive the arbitration clause because there was no evidence that defendants evinced a desire to resolve the dispute through litigation and because litigation was in its initial stages.  Court also found that the arbitration clause was enforceable under Article II of the New York Convention and Fifth Circuit precedent, although it was not signed by plaintiff.

  • Mayes v. International Markets Live, No. 2:22-CV-01269-TL (W.D. Wash. Nov. 2, 2023)
    11/02/2023

    Court granted, in part, defendants’ motion to compel arbitration pursuant to the FAA.  Court found that plaintiff’s claims arising after he signed the arbitration agreement were subject to mandatory arbitration and compelled arbitration of those claims.  Court did not rule on the validity of the arbitration provision, finding that it must be reviewed by arbitrator.

  • Supercooler Technologies, Inc. v. The Coca-Cola Company, No. 6:23-CV-00187-CEM-RMN (M.D. Fla. Oct. 27, 2023)
    10/27/2023

    Magistrate judge recommended the court grant in part defendants’ motion to compel arbitration pursuant to the FAA.  Magistrate judge found respondent did not establish clear and unmistakable evidence of the parties’ intent to delegate the question of arbitrability to the arbitrator, because even though the AAA rules were incorporated by reference, there was a further carve-out provision in the agreement.  Magistrate judge determined that some the plaintiff’s claims fell within the scope of the arbitration agreement while others did not and recommended staying the case pending arbitration.

  • GIC Re, India, Corporate Member Limited v. Tyson International Company, Ltd., No. 23-CV-09175-DEH (S.D.N.Y. Oct. 24, 2023)
    10/24/2023

    Court granted request for stay of petition to compel arbitration while High Court of England and Wales addressed whether English courts were the appropriate forum to resolve dispute between the parties.

  • All Premium Contractors, Inc. v. Sunlight Financial LLC, No. 1:23-CV-05059-JLR (S.D.N.Y. Oct. 19, 2023)
    10/19/2023

    Court granted defendant’s motion to compel arbitration under the FAA finding the plain meaning of the parties’ contractual amendments did not render the arbitration agreement void where they expressly maintained all terms in the main body of the agreement.  Court found that the agreement’s broad arbitration agreement may be reasonably reconciled with the forum selection clause by providing exclusive jurisdiction to New York courts for purposes of related litigation.

  • Bequest Funds, LLC v. Magnolia Financial Group LLC, No. 3:23-CV-00886-B (N.D. Tex. Oct. 17, 2023)
    10/17/2023

    Court granted defendant’s motion to compel arbitration pursuant to the FAA only with respect to the signatories of the parties’ arbitration agreement.  Court reasoned that non-signatories may only be bound to an arbitration agreement where the parties’ expressed their intent to be bound to the agreement through principles of Texas state law.  Non-signatory defendants did not put forward any argument to show their intent to be bound, and thus the arbitration agreement was not enforceable for them.

  • Fasano v. Li, No. 1:16-CV-08759-KPF (S.D.N.Y. Sep. 27, 2023)
    09/27/2023

    Court granted plaintiffs’ motion to compel arbitration where plaintiffs did not impliedly or expressly waive their right to arbitrate their common-law claims and there had been almost no litigation on the merits of the dispute.  Court denied defendants’ motion to dismiss and stayed the case pending the completion of the arbitration.

  • Wallrich v. Samsung Electronics America, Inc., 1:19-CV-04560 (N.D. Ill. Sep. 12, 2023)
    09/12/2023

    Court granted in part respondent’s motion to dismiss, in part, and held that several petitioners seeking relief under the Illinois Biometric Information Privacy Act failed to plead proper venue.  Court denied respondent’s motion to dismiss as to the remaining petitioners by taking “judicial notice of today’s norm that smartphone users use their smartphone where they live and travel and likely purchased it nearby” and inferring from that fact, plus the pleadings, that those petitioners had established venue.  Court found it had subject matter jurisdiction to adjudicate the claim under the New York Convention, since it involved compelling arbitration with a foreign party under a commercial arbitration agreement.  Court granted petitioners’ motion to compel arbitration, as to the properly-venued petitioners, finding that there was a valid agreement to arbitrate with a scope covering the dispute, and that respondent had refused to arbitrate by refusing to pay administrative fees owed to AAA.  Court further ordered respondent to pay the fees owed to AAA.

  • Terris v. Sprint Corporation, 8:23-CV-01033-WFJ-AAS (M.D. Fla. Sep. 11, 2023)
    09/11/2023

    Court denied defendant’s motion to compel arbitration, holding that it had waived its arbitration rights by demonstrating a clear intent to litigate prior to asserting any arbitration rights.  Court acknowledged that the U.S. Supreme Court’s decision in Morgan v. Sundance, Inc., cast doubt on the import of prejudice in the Eleventh Circuit’s test for waiver of arbitration rights, but nonetheless found that plaintiff was prejudiced by defendant’s belated assertion of arbitration rights.

  • United States v. Water Quality Insurance Syndicate, No. 8:22-CV-02158-TBP-CPT (M.D. Fla. Aug. 31, 2023)
    08/31/2023

    Court granted motion to compel arbitration pursuant to the New York Convention, finding the non-signatory defendant was a party to an arbitration agreement through the “direct benefits estoppel” theory.  Defendant sought payment and indemnity under the contract containing an arbitration agreement between the vessel operator and insurer, thus embracing the contract, and consenting to arbitration.  Considering the binding arbitration agreement, court denied third party defendant’s motion to dismiss, finding it more appropriate to stay the proceedings pending arbitration.

  • Fitzgerald v. Wildcat, Sr., No. 3:20-CV-00044-NKM-JCH (W.D. Va. Aug. 18, 2023)
    08/18/2023

    Court denied motion to compel arbitration finding that a valid arbitration agreement did not exist pursuant to the FAA where loan agreements waived all state substantive rights and remedies in violation of public policy.  Although there was a clause delegating questions of arbitrability to arbitration, the court assessed the enforceability of the delegation clause given plaintiff’s challenge to its validity.

  • Keller North America, Inc. and Hampton Roads Connector Partners v. Certain Underwriters at Lloyd’s of London, No. 23-CV-00056-MSD-LRL (E.D. Va. Aug. 15, 2023)
    08/15/2023

    Court granted defendants’ motion to stay and compel arbitration finding that Virginia’s McCarran-Ferguson Act, which prohibits enforcement of arbitration agreements in insurance contracts, does not apply to cases involving arbitration agreements with foreign parties that are subject to the New York Convention, and therefore, arbitration was the appropriate venue.

  • SolarPark Korea Co., Ltd. v. Solaria Corporation, No. 3:23-CV-01181-AMO (N.D. Cal. Aug. 2, 2023)
    08/02/2023

    Court granted plaintiff’s motion for preliminary injunction enjoining defendants from using, or providing access to, plaintiff’s trade secrets, but denied plaintiff’s motion to enjoin allegedly defamatory speech.  Court granted defendants’ motion to stay the litigation pending arbitration.  The court concluded that it could consider the merits of the motions because the parties’ arbitration agreement provides an exception to arbitration for certain claims of equitable relief, such as the injunctions sought by plaintiff for trade secret misappropriation and defamation.  Court found that plaintiff properly brought claims to the court that were not within the scope of the arbitration agreement, and thus, dismissal was not warranted, but issued a stay pending arbitration.

  • Lee Construction, LLC v. Bratton, 1:22-CV-00196-CEA-SKL (E.D. Tenn. Jul. 28, 2023)
    07/28/2023

    Court denied plaintiff’s motion to compel arbitration, finding that plaintiff waived its right to arbitration by commencing the litigation.  Under the Morgan v. Sundance analysis set forth by the Supreme Court, court held that by filing this litigation without mentioning arbitration in the complaint, plaintiff “demonstrated a clear and unequivocal intent to disregard the arbitration agreement” and waived the ability to compel arbitration.

  • Seifert v. United Built Homes, LLC, No. 3:22-CV-01360-E (N.D. Tex. July 27, 2023)
    07/27/2023

    Court granted motion to compel arbitration, finding a valid agreement to arbitrate and a valid delegation clause under the FAA.  Court found that defendant’s issuing a notice of default did not meet the Fifth Circuit’s requirements for waiver of arbitration because it did not inflict prejudice or detriment on the opposing party.

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