USA Archives

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

February 26, 2026 by David Zaslowsky and Crofton Kelly 4 Mins Read

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…

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…

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 Tipaza, Algeria. Various insurers, reinsurers, and retrocessionaires (collectively, the “Insurers”) initiated litigation as subrogees of the plant owner, Shariket Kahraba Hadjret En Nouss (“SKH”). SNC-Lavalin Constructeurs International Inc. (“SNC”) had operated the Plant on behalf of SKH, and had entered a Services Contract and various other contracts with General Electric International, Inc. and other GE entities…

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…

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 both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. On a bipartisan, bicameral basis, Congress agreed on a draft national data privacy standard, the American Privacy Rights…

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,…

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…