Search for:
Category

USA

Category

Abstract: Fifth Circuit finds no clear and unmistakable intent to delegate arbitrability to the arbitrators for issues subject to a carve-out in the arbitration clause – Archer and White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019). In January 2019, the United States Supreme Court determined that the “wholly groundless” exception to enforcing an arbitration agreement, upon which the motion to compel arbitration in this case had previously been denied,…

Dialysis Access Center, LLC v. RMS Lifeline, Inc. No. 17-2014 (1st Cir. Aug. 1, 2019) Appellant Dialysis Access Center, LLC (“DAC”), a Puerto Rico LLC, and Appellee RMS Lifeline, Inc. (“RMS”), a Delaware corporation, entered into an agreement in 2007 containing a choice of Puerto Rican law clause and an arbitration clause requiring submission to arbitration under the rules of the American Health Lawyers Association (“AHLA”). The parties arbitrated a dispute that resulted in an…

Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, No. 2018-CQ-1728 America Metals Trading L.L.P. (“AMT”) and South Korean trading company, Daewoo International Corp. (“Daewoo”) executed a series of agreements in May 2012 under which Daewoo purchased pig iron from AMT to deliver to New Orleans. Daewoo made payments under the agreements, but AMT never shipped the pig iron. Daewoo sued AMT in the United States District Court for the Eastern District of Louisiana and…

Jolen, Inc. v. Kundan Rice Mills, Ltd., No. 19-cv-01296 (S.D.N.Y. July 9, 2019) [click for opinion] In November 2004, the parties executed an Exclusive Trademark License Agreement (the “Agreement”), which included an arbitration clause governing any dispute related to the Agreement. In April 2016, Claimant Jolen, Inc. (“Jolen”) initiated arbitration proceedings against Respondent Kundan Rice Mills, Ltd. (“Kundan”) under the auspices of the International Chamber of Commerce (“ICC”). Jolen alleged that Kundan had breached the…