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U.S. International Arbitration Digest

 * People
 * Arbitration Resources
 * 2016-2024 Arbitration Decisions
 * 



 * 


US INTERNATIONAL ARBITRATION DIGEST

A centralized resource for newly released decisions issued by US courts



 * 
 * 
 * 
 * 




THE US IA DIGEST COLLECTS IN ONE PLACE IMPORTANT DECISIONS ON US INTERNATIONAL
ARBITRATION CASE LAW ISSUED SINCE JANUARY 1, 2016, COMPILED AND ORGANIZED INTO
CATEGORIES THAT ARE MOST RELEVANT AND USEFUL TO PRACTITIONERS AND OTHER
INTERESTED PARTIES. THE DIGEST WILL BE UPDATED ON A ROLLING BASIS AS NEW
DECISIONS ARE ISSUED.


ARBITRATION DECISIONS

Please click on the categories below to access the cited decisions. Cases are
searchable by federal court and by topic.

 * All Arbitration Decisions
 * Enforceability of Arbitration Agreements
 * Arbitrator Selection and Challenges
 * Interim Relief and Judicial Assistance in Aid of Arbitration
 * Validity and Enforcement of Arbitration Awards
 * Other Cases Related to International Arbitration


Newly Released Decisions
05/23/2024


3131 VETERANS BLVD, LLC V. INDIAN HARBOR INSURANCE CO., NO. 24-CV-00753-CJB-DPC
(E.D. LA. MAY 23, 2024)

Court granted motion to stay proceedings for breach of the parties’ insurance
policy where an appeal to the Second Circuit for the denial of defendant’s
motion to compel arbitration remained pending.  The Southern District of New
York denied defendant’s motion to compel, finding that arbitration agreements in
insurance contracts were invalid under Louisiana law.  However, the Fifth
Circuit recently clarified that La. R.S. 22:868 does not apply to treaties and
therefore does not reverse-preempt the New York Convention.  Accordingly, the
Louisiana district court found, a stay here was warranted where defendants would
lose the ability to enforce the arbitration agreement if the stay was not
granted.


05/20/2024


PROFESSIONAL SPORT SERVICE FI OY V. PUCK AGENCY, LLC, NO. 24-CV-2022-KMK
(S.D.N.Y. MAY 20, 2024)

Court granted petition to confirm an arbitration award pursuant to the FAA,
noting the “deferential standard” applied to judgments of arbitration panels. 
Given that the opposing party did not assert any defenses against enforcement
specified in the New York Convention, the court confirmed the award and directed
the petitioner to submit an updated proposed judgment. 

05/17/2024


THYSSENKRUPP MATERIALS NA, INC. V. PEGASUS DENIZCILIK A.S., NO. 23-CV-03086
(N.D. ILL. MAY 17, 2024)

Court denied defendants’ motion to dismiss for improper venue based on an
arbitration agreement where plaintiff was not a signatory to the arbitration
agreement and the arbitration clause was not sufficiently incorporated into the
parties’ contract through specific reference.  Focusing on the Seventh Circuit’s
limited caselaw on the meaning of “specific reference,” the court affirmed that
the contract must at least identify the date of the arbitration agreement to
incorporate the clause.


05/17/2024


UNITED STATES V. RELYANT GLOBAL, LLC, NO. 21-CV-00307 (M.D. TENN. MAY 17, 2024)

Court denied defendant’s motion to dismiss as moot on the basis that the parties
participated in an ICC arbitration to resolve the dispute.


05/14/2024


MICULA V. GOVERNMENT OF ROMANIA, NO. 23-7008 (D.C. CIR. MAY 14, 2024)

Court of appeals affirmed the district court’s denial of Romania’s motion
pursuant to Federal Rule of Civil Procedure 60(b) for relief from judgment. 
Romania contended that the district court lacked subject matter jurisdiction
enforce the underlying arbitration award because the parties’ bilateral
agreement to arbitrate was invalid under EU law.  The district decided, and the
court of appeals affirmed, that EU law was inapplicable where the dispute
preceded Romania’s accession to the EU in 2007. 


05/09/2024


IN RE EX PARTE APPLICATION PURSUANT TO SECTION 204 OF THE FEDERAL ARBITRATION
ACT AND A.R.S. § 12-1507 FOR AN ORDER TO PROVIDE DOCUMENTS AND/OR APPEAR
REMOTELY AND TESTIFY IN A FOREIGN ARBITRATION HEARING, 24-MC-00015-DLR (D. ARIZ.
MAY 9, 2024)

Court granted application pursuant to Section 204 of the FAA and issued a
subpoena to produce insurance policy coverage documents and/or offer remote
testimony at an upcoming arbitration in Canada.  In granting the application,
court held that the subpoenaed parties resided within the district of the court,
the petitioner was an “interested person” as a party to the arbitration
proceedings, and the arbitration constituted a “foreign tribunal” for purposes
of the statute because it is the process provided by Canadian law to resolve the
claims at issue.


04/03/2024


NOBLE PRESTIGE LIMITED V. HORN, NO. 20-CV-82357-RS (S.D. FLA. APR. 3, 2024) 

Court granted petition to confirm and enforce arbitration award pursuant to the
New York Convention and the FAA.  Court found that respondents were barred under
Chapter 2 of the FAA from raising defenses in opposition to the petition because
they did not serve notice of motion to vacate, modify, or correct arbitral award
within the three-month limitations period.


03/29/2024


TRG CP, LLC V. MARTELL CAPITAL GROUP, LLC, NO. 23-CV-00341-DMG-ARG (C.D. CAL.
MAR. 29, 2024)

Court granted defendants’ motion to stay pending arbitration, determining that
all of plaintiff’s claims must be arbitrated or stayed pending the arbitration’s
results.  Although plaintiff contested the validity of the agreement to
arbitrate on the basis of duress and fraudulent inducement, the court stated
that the issue of the agreement’s validity must be considered by the arbitrator
in the first instance.  The arbitral resolution of the agreement’s validity
would determine whether several of the claims could be brought later in a
judicial forum.


View More→



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© 2024 A&O Shearman. All Rights Reserved.

A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling
LLP and Allen & Overy LLP and their respective affiliates (the legacy firms).
This content may include material generated by one or more of the legacy firms
rather than A&O Shearman.

Attorney Advertising. Prior results do not guarantee a similar outcome.

www.icxlegal.com

 * Legal Notices
 * 
 * Accessibility
 * 
 * Complaints
 * 
 * Cookie Policy
 * 
 * Financial Information
 * 
 * Copyright
 * 
 * Country Specific Legal Notices
 * 
 * Site Map

U.S. International Arbitration Digest

 * People
 * Arbitration Resources
 * 2016-2024 Arbitration Decisions
 * 



 * 


US INTERNATIONAL ARBITRATION DIGEST

A centralized resource for newly released decisions issued by US courts



 * 
 * 
 * 
 * 




THE US IA DIGEST COLLECTS IN ONE PLACE IMPORTANT DECISIONS ON US INTERNATIONAL
ARBITRATION CASE LAW ISSUED SINCE JANUARY 1, 2016, COMPILED AND ORGANIZED INTO
CATEGORIES THAT ARE MOST RELEVANT AND USEFUL TO PRACTITIONERS AND OTHER
INTERESTED PARTIES. THE DIGEST WILL BE UPDATED ON A ROLLING BASIS AS NEW
DECISIONS ARE ISSUED.


ARBITRATION DECISIONS

Please click on the categories below to access the cited decisions. Cases are
searchable by federal court and by topic.

 * All Arbitration Decisions
 * Enforceability of Arbitration Agreements
 * Arbitrator Selection and Challenges
 * Interim Relief and Judicial Assistance in Aid of Arbitration
 * Validity and Enforcement of Arbitration Awards
 * Other Cases Related to International Arbitration


Newly Released Decisions
05/23/2024


3131 VETERANS BLVD, LLC V. INDIAN HARBOR INSURANCE CO., NO. 24-CV-00753-CJB-DPC
(E.D. LA. MAY 23, 2024)

Court granted motion to stay proceedings for breach of the parties’ insurance
policy where an appeal to the Second Circuit for the denial of defendant’s
motion to compel arbitration remained pending.  The Southern District of New
York denied defendant’s motion to compel, finding that arbitration agreements in
insurance contracts were invalid under Louisiana law.  However, the Fifth
Circuit recently clarified that La. R.S. 22:868 does not apply to treaties and
therefore does not reverse-preempt the New York Convention.  Accordingly, the
Louisiana district court found, a stay here was warranted where defendants would
lose the ability to enforce the arbitration agreement if the stay was not
granted.

05/20/2024


PROFESSIONAL SPORT SERVICE FI OY V. PUCK AGENCY, LLC, NO. 24-CV-2022-KMK
(S.D.N.Y. MAY 20, 2024)

Court granted petition to confirm an arbitration award pursuant to the FAA,
noting the “deferential standard” applied to judgments of arbitration panels. 
Given that the opposing party did not assert any defenses against enforcement
specified in the New York Convention, the court confirmed the award and directed
the petitioner to submit an updated proposed judgment. 

05/17/2024


THYSSENKRUPP MATERIALS NA, INC. V. PEGASUS DENIZCILIK A.S., NO. 23-CV-03086
(N.D. ILL. MAY 17, 2024)

Court denied defendants’ motion to dismiss for improper venue based on an
arbitration agreement where plaintiff was not a signatory to the arbitration
agreement and the arbitration clause was not sufficiently incorporated into the
parties’ contract through specific reference.  Focusing on the Seventh Circuit’s
limited caselaw on the meaning of “specific reference,” the court affirmed that
the contract must at least identify the date of the arbitration agreement to
incorporate the clause.

05/17/2024


UNITED STATES V. RELYANT GLOBAL, LLC, NO. 21-CV-00307 (M.D. TENN. MAY 17, 2024)

Court denied defendant’s motion to dismiss as moot on the basis that the parties
participated in an ICC arbitration to resolve the dispute.

05/14/2024


MICULA V. GOVERNMENT OF ROMANIA, NO. 23-7008 (D.C. CIR. MAY 14, 2024)

Court of appeals affirmed the district court’s denial of Romania’s motion
pursuant to Federal Rule of Civil Procedure 60(b) for relief from judgment. 
Romania contended that the district court lacked subject matter jurisdiction
enforce the underlying arbitration award because the parties’ bilateral
agreement to arbitrate was invalid under EU law.  The district decided, and the
court of appeals affirmed, that EU law was inapplicable where the dispute
preceded Romania’s accession to the EU in 2007. 

05/09/2024


IN RE EX PARTE APPLICATION PURSUANT TO SECTION 204 OF THE FEDERAL ARBITRATION
ACT AND A.R.S. § 12-1507 FOR AN ORDER TO PROVIDE DOCUMENTS AND/OR APPEAR
REMOTELY AND TESTIFY IN A FOREIGN ARBITRATION HEARING, 24-MC-00015-DLR (D. ARIZ.
MAY 9, 2024)

Court granted application pursuant to Section 204 of the FAA and issued a
subpoena to produce insurance policy coverage documents and/or offer remote
testimony at an upcoming arbitration in Canada.  In granting the application,
court held that the subpoenaed parties resided within the district of the court,
the petitioner was an “interested person” as a party to the arbitration
proceedings, and the arbitration constituted a “foreign tribunal” for purposes
of the statute because it is the process provided by Canadian law to resolve the
claims at issue.

04/03/2024


NOBLE PRESTIGE LIMITED V. HORN, NO. 20-CV-82357-RS (S.D. FLA. APR. 3, 2024) 

Court granted petition to confirm and enforce arbitration award pursuant to the
New York Convention and the FAA.  Court found that respondents were barred under
Chapter 2 of the FAA from raising defenses in opposition to the petition because
they did not serve notice of motion to vacate, modify, or correct arbitral award
within the three-month limitations period.

03/29/2024


TRG CP, LLC V. MARTELL CAPITAL GROUP, LLC, NO. 23-CV-00341-DMG-ARG (C.D. CAL.
MAR. 29, 2024)

Court granted defendants’ motion to stay pending arbitration, determining that
all of plaintiff’s claims must be arbitrated or stayed pending the arbitration’s
results.  Although plaintiff contested the validity of the agreement to
arbitrate on the basis of duress and fraudulent inducement, the court stated
that the issue of the agreement’s validity must be considered by the arbitrator
in the first instance.  The arbitral resolution of the agreement’s validity
would determine whether several of the claims could be brought later in a
judicial forum.



View More
 * Email
 * Print
 * Share


© 2024 A&O Shearman. All Rights Reserved.

A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling
LLP and Allen & Overy LLP and their respective affiliates (the legacy firms).
This content may include material generated by one or more of the legacy firms
rather than A&O Shearman.

Attorney Advertising. Prior results do not guarantee a similar outcome.

www.icxlegal.com

 * Legal Notices
 * 
 * Accessibility
 * 
 * Complaints
 * 
 * Cookie Policy
 * 
 * Financial Information
 * 
 * Copyright
 * 
 * Country Specific Legal Notices
 * 
 * Site Map


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