USA Archives

In North America

U.S.: District court confirms an arbitration award by an appellate panel that overturned the original award.

June 6, 2019 by 4 Mins Read

Hamilton v. Navient Solutions, LLC, No. 18-cv-5432 (S.D.N.Y. Feb. 14, 2019) [click for opinion] Lucin Hamilton obtained a student loan from Navient Solutions, LLC in 2007. When she fell behind on her payments, Navient called her repeatedly. Hamilton believed that Navient was utilizing an Automatic Telephone Dialling System (“ATDS”) to contact her. Hamilton had agreed to Navient’s use of ATDS in the 2007 loan agreement, but then advised Navient in April 2016 that she no…

In Arbitration Agreements

U.S.: Supreme Court reverses the Ninth Circuit and holds that ambiguity in a contract on the issue of whether the parties agreed to allow class arbitration is not a sufficient basis for ordering class arbitration.

June 4, 2019 by David Zaslowsky 3 Mins Read

Lamps Plus, Inc. v. Varela, No. 17–988, __ U.S. __ (April 24, 2019) [click for opinion] In 2016, a…

In Arbitration Agreements

U.S.: District court refuses to stay a New York arbitration proceeding between French and German companies despite a pending arbitration in Paris, and requires participation by a non-signatory to the arbitration agreement.

June 3, 2019 by 4 Mins Read

Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In…

In Arbitration Agreements

U.S.: District court denies motion to compel arbitration of Defendants’ counterclaims when Plaintiffs intentionally delayed seeking arbitration, thereby waiving their right to arbitration.

May 23, 2019 by David Zaslowsky 3 Mins Read

HTC Corp. v. Telefonaktiebolaget LM Ericsson, No. 6:18-CV-00243-JRG (E.D. Tex. Jan. 22, 2019) [click for opinion] Before the district court was Plaintiffs’ motion to sever, stay, and compel arbitration of Defendants’ counterclaims. Those counterclaims alleged that Plaintiffs breached their obligation to negotiate in good faith and sought a declaratory judgment that Plaintiffs repudiated any rights with respect to Defendants’ FRAND (fair, reasonable, and non-discriminatory) declarations. Plaintiffs argued that these counterclaims were subject to arbitration as…

In North America

U.S.: District court grants application for discovery pursuant to 28 U.S.C. § 1782 in aid of foreign arbitration, criminal and liquidation proceedings.

April 16, 2019 by Andrew Riccio 4 Mins Read

In re Application of the Children’s Inv. Fund Found. (UK), Sir Christopher Hohn, and Axon Partners, LP for…

In Arbitrability

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate.

April 15, 2019 by 4 Mins Read

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15,…

In North America

U.S.: District court grants default judgment against an absent defendant and enforces arbitral award in an action to enforce financial obligations brought under the Foreign Sovereign Immunities Act.

April 11, 2019 by 3 Mins Read

Tidewater Inv. SRL v. Bolivarian Republic of Venezuela, No. 17-1457 (TJK) (D.D.C. Dec. 17, 2018) [click for opinion] Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively “Tidewater”), were investors in oil- and gas-related ventures in Venezuela. Following an alleged expropriation of Tidewater’s investments, Tidewater instituted an arbitration against Venezuela under the ICSID Convention. The ICSID tribunal ultimately issued an award in favor of Tidewater in the principal amount of $46.4 million plus…

In Arbitrability

U.S.: Sixth Circuit compels arbitration where attack was on validity of contract, not validity of arbitration provision, and remands case to district court to decide on permissibility of class arbitration.

April 4, 2019 by Lyndon Allin and David Zaslowsky 4 Mins Read

Rogers v. Swepi LP, No. 18-3229 (6th Cir. Dec. 10, 2018) [click for opinion] In 2011, Matt Rogers…

In Arbitration Agreements

U.S.: Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it.

April 2, 2019 by Baker McKenzie 5 Mins Read

Starke v. SquareTrade, Inc., No. 17-2474-cv (2d Cir. Jan. 10, 2019) [click for opinion] In January 2016, Plaintiff…

In Arbitrability

U.S.: Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction.

March 28, 2019 by 2 Mins Read

Novic v. Credit One Bank, N.A., No. 17-2168 (4th Cir. Jan 4, 2019) [click for opinion] Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. (“Credit One”). The Cardholder Agreement contained an arbitration provision with a clause delegating authority to the arbitrator: “Claims subject to arbitration include . . . disputes related to . . . the application, enforceability or interpretation of this Agreement, including this…