Linda Anderson sued Sarah Boyle alleging that Boyle breached her duties as trustee of an irrevocable trust to which Anderson and Boyle were beneficiaries. Boyle moved to compel arbitration, citing an arbitration clause in the...more
Petitioner Andes Petroleum Ecuador Ltd. moved to confirm a $500 million arbitration award arising from a contract dispute involving hydrocarbon development in the Ecuadorian Amazon. The respondent, Occidental Exploration and...more
Brett-Andrew Nelson filed a petition to confirm an arbitration award issued by the Sitcomm Arbitration Association. The award purported to award Nelson $500,000 from each of the four defendants based on their breach of an...more
Petitioners Credit Suisse AG and Lara Warner sought to permanently stay an arbitration commenced by respondent Colleen Graham, who cross-moved to compel the arbitration. The petitioners claimed the proceeding was an...more
The U.S. District Court for the Northern District of Illinois denied a former employee’s motion to vacate an arbitration award in favor of defendant AT&T Mobility Services LLC. The plaintiff claimed the arbitrator exceeded...more
Plaintiff A Better Way Wholesale Autos Inc. filed an application in Connecticut state court seeking to vacate an arbitration award issued in favor of the defendants, James Saint Paul and Julie J. Saint Paul. The defendants...more
The plaintiff filed suit in the U.S. District Court for the Eastern District of New York seeking to modify an arbitration award to include reasonable attorneys’ fees, costs, and expenses. The award had been issued to the...more
Nonparty Lawrence Satz received an arbitral subpoena in a proceeding between International Seaway Trading Corp. and Target Corp. Satz was a former owner of Seaway. The subpoena — the second issued to Satz during the...more
Evette Burgess and Lithia Motors were arbitrating an employment dispute when, during the proceedings, Burgess filed a motion with the court seeking to terminate the arbitration and to rescind the arbitration agreement. The...more
The Ninth Circuit denied a petition seeking to vacate an order compelling arbitration of an Uber driver’s putative class action. The district court held that rideshare drivers who pick up and drop off passengers at airports...more
10/15/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Drivers ,
Employment Contract ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Putative Class Actions ,
Uber
Pao Tatneft filed suit in Washington, D.C., district court seeking to enforce a $112 million foreign arbitral award entered in its favor against the nation of Ukraine. Confirmation was sought pursuant to the Convention on the...more
The New Jersey Supreme Court issued a combined opinion in two cases arising from arbitration agreements in employment contracts. The plaintiffs in the respective cases claimed they fell within section 1 of the Federal...more
Section 10(a)(2) of the Federal Arbitration Act allows a court to vacate an arbitration award based on “evident partiality” in the arbitrators. Citing section 10(a)(2), the petitioner moved to vacate a JAMS arbitration award...more
Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more
2/6/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Insurance Contracts ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Third-Party
The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more
12/5/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Contract Terms ,
Federal Arbitration Act ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Internal Revenue Code (IRC) ,
Manifest Disregard ,
Motion to Vacate ,
Native American Issues ,
Revenue Sharing ,
Tribal Governments ,
Tribal-State Gaming Compacts
The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more
10/22/2019
/ Affirmative Defenses ,
American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Breach of Duty ,
Contract Disputes ,
Contract Terms ,
Federal Arbitration Act ,
Fiduciary Duty ,
Investment ,
Laches ,
Marijuana Related Businesses ,
Motion to Compel ,
Non-Compete Agreements ,
Operating Agreements ,
Statute of Limitations
A Pennsylvania federal district court granted a motion to compel arbitration pursuant to 9 U.S.C. § 4 of the Federal Arbitration Act, over objection by the defendant on severability grounds. The defendant argued that its...more
The Second Circuit Court of Appeals recently held as a matter of first impression that a district court properly looked to the substance of an underlying dispute in determining whether it had subject-matter jurisdiction over...more
The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration....more
3/27/2019
/ Arbitration ,
Employment Litigation ,
Federal Arbitration Act ,
Final Judgment ,
Interlocutory Appeals ,
Labor Law Violations ,
Lack of Jurisdiction ,
Motion to Compel ,
Putative Class Actions ,
State and Local Government ,
State Labor Laws ,
Stays
Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more
1/29/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
The U.S. Court of Appeals for the Fifth Circuit held that an order compelling arbitration and staying a related action was not an appealable “final decision with respect to arbitration” under the Federal Arbitration Act...more