USA Archives

In USA

Eleventh Circuit holds that a non-signatory to an arbitration agreement who signs Terms of Reference explicitly consenting to arbitrate the issue of arbitrability is bound by the arbitral tribunal’s jurisdictional determination and the resulting award

December 10, 2025 by David Zaslowsky and Jodi Avila 3 Mins Read

Pott v. World Cap. Props., Ltd., No. 24-13071 (11th Cir. Sept. 24, 2025)[1] Factual Background Alfredo Carlos Pott entered into a Stock Option Agreement (“SOA”) with World Capital Properties, Ltd. (“WCP”) containing an International Chamber of Commerce (“ICC”) arbitration clause. Gonzalo Lopez-Jordan was not a signatory to the SOA. When Pott later filed an ICC arbitration naming Lopez-Jordan as a respondent, Lopez-Jordan objected to the tribunal’s jurisdiction over him as a non-signatory. However, Lopez-Jordan, through…

In USA

Eighth Circuit overturns “irrational” arbitration decision that awarded a contest participant the grand prize after the panel resorted to extrinsic evidence in interpreting an unambiguous contract

November 12, 2025 by David Zaslowsky and Michael Hidalgo 4 Mins Read

Factual Background Mike Lindell is a Minnesota businessman, commonly known as the “My Pillow Guy.” Lindell repeatedly claimed…

In USA

Eleventh Circuit holds that subrogees of plant owner are third-party beneficiaries of contract subject to arbitration, and that incorporation of ICC Rules indicates delegation of questions of arbitrability to arbitrators

July 22, 2025 by David Zaslowsky and Stephanie Brown 3 Mins Read

Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”)…

In USA

District court confirms arbitral award over objection that confirmation would run contrary to the United States’ public policy in favor of res judicata

July 3, 2025 by David Zaslowsky 4 Mins Read

Etrak Insaat Taahhut Ve Ticaret Anonim Sirketi v. Libya, No. 22-cv-864 (D.D.C. Feb. 4, 2025)[1] Factual Background In October 2012, Libya contracted with a Turkish corporation, Etrak Insaat Taahhut Ve Ticaret Anonim Sirketi (“Etrak”), for the performance of public-construction projects. Libya never paid Etrak for the work. Etrak sought recovery in a Libyan court, which entered a judgment for Etrak. The parties then agreed to settle any related claims for roughly 5.4 million Libyan Dinar (about…

In USA

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

May 23, 2025 by David Zaslowsky and Lauren Owide 4 Mins Read

In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered…

In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – United States

January 1, 2025 by David Zaslowsky and Tom Tysowsky 26 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that has arbitration-related legislation at…

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

August 28, 2024 by David Zaslowsky 3 Mins Read

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,…

In USA

Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

April 8, 2024 by David Zaslowsky and Annasofia Roig 4 Mins Read

Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th…

In USA

California Court of Appeals requires vacatur of an arbitration award based on a reasonable impression of possible arbitrator bias

January 24, 2024 by David Zaslowsky and John Treat 3 Mins Read

FCM Inv., Inc. v. Grove Pham, LLC, No. RIC1902326 (Cal. Super. Ct. Oct. 17, 2023)[1] Factual Background In January 2019, Plaintiff FCM Investments, LLC (“FCM”), signed a purchase agreement to buy property in Riverside, California, from Defendant Grove Pham, LLC (“Grove”), a company owned by Phuong Pham. Grove operated a nursing home on this property. Disputes arose and were mediated during the due diligence process, but FCM pulled out of the amended deal before escrow…