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In USA

US District court holds that delegation clause must be enforced unless null and void based on defenses that can be applied neutrally on an international scale

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Ambrosia v. Blazesoft Ltd., No. 25 C 1723 (N.D. Ill. Oct. 21, 2025)[1] Factual Background Vincent Ambrosia, Jr. and Robert Houpt were customers of online gaming websites who brought a class action lawsuit against the operators of those websites. Plaintiffs alleged that Defendants preyed on them through addictive and illegal online gambling falsely marketed as free-to-play sweepstakes. Defendants moved to compel arbitration, relying on a broad arbitration agreement within the terms and conditions that Plaintiffs…

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In Canada

Drip Pricing Class Action Stayed in Favour of Arbitration

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Canada’s Federal Court of Appeal has upheld a lower court decision to stay a proposed competition class action against Uber Eats in favour of mandatory arbitration. Factual Background In Lin v Uber Canada Inc et al, 2025 FCA 183, the plaintiff proposed a class action against Uber Canada Inc, Uber Technologies Inc, Uber Portier Canada Inc and Uber Castor Canada Inc (collectively “Uber”). The core allegation was that the defendants displayed a price for food…

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In USA

District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation

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In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered into a marketing agreement with Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., and Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”). The marketing agreement included a 16-year exclusive licensing arrangement for certain drugs, which came to include Amitiza. In 2012, a predecessor to Par Pharmaceutical, Inc. (“Par”) had its application accepted to sell a generic version of Amitiza. Sucampo…

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In USA

USA: Appellate court reverses the trial court’s order granting motion to withdraw from arbitration and litigate in state court as otherwise permitted under California Code of Civil Procedure section 1281.97

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Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024), reh’g denied (June 3, 2024)[1] Factual Background In 2016, Plaintiff Massiel Hernandez (“Hernandez”) executed an arbitration agreement with Defendant Sohnen Enterprises, Inc. (“Sohnen”), that stated, “This Agreement is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. [section] 1, et seq.” On July 16, 2021, Hernandez filed a complaint against Sohnen for disability discrimination, Labor Code violations, and related causes of action. On November 8, 2021,…

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