Arbitrability Archives

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 entered into a lease agreement governing oil and gas extraction from Rogers’s five-acre property in Ohio (the “Agreement”) with SWEPI LP and Shell Energy Holding GP LLC (together, “Shell”). The Agreement provided that Rogers would receive a $5,000-per-acre signing bonus upon Shell’s verification of his good title to the property. Rogers did not receive the signing bonus…

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…

In Arbitrability

U.S.: District court grants motion to compel arbitration in accordance with broad arbitration clause that provides that an arbitrator must decide the threshold issue of whether a dispute is arbitrable.

March 26, 2019 by 3 Mins Read

SteppeChange LLC v. VEON Ltd., No. 18-cv-04842 (N.D. Cal. Dec. 5, 2018) [click for opinion] Plaintiff SteppeChange, LLC…

In Arbitrability

US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability

January 23, 2019 by Mike Leggieri 3 Mins Read

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an arbitrator the question of whether the agreement applies to a particular dispute, courts have no power to decide…

In Arbitrability

U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel arbitration given the conflict between arbitration and the Bankruptcy Code.

June 18, 2018 by Kyle Olson 4 Mins Read

Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) [click for opinion]…

In Arbitrability

Arbitrability – Oregon federal court denies motion to stay proceedings pending arbitration, claiming there is no agreement to arbitrate

April 16, 2018 by 4 Mins Read

Meduri Farms, Inc. v. DutchTecSource B.V., No. 3:17-cv-906 (D. Or. Dec. 5, 2017) [click for opinion] Plaintiff Meduri…

In Arbitrability

Fourth Circuit holds that parties delegated question of arbitrability to arbitrator by incorporating JAMS Rules into agreement.

April 9, 2018 by Michael Bloom 2 Mins Read

Simply Wireless, Inc. v. T-Mobile US, Inc., No. 16-1123 (4th Cir. Dec. 13, 2017) [click for opinion] In Simply Wireless, the Fourth Circuit reviewed a district court’s determination that the claims brought by Simply Wireless against T-Mobile under the parties’ joint marketing and distribution agreement fell within that agreement’s arbitration provision. The parties had agreed that “Any claims or controversies… arising out of or relating to this Agreement…shall be resolved by submission to binding arbitration,”…

In Arbitrability

New Arbitration Provisions Confirm that IP Disputes are Arbitrable in Hong Kong

January 12, 2018 by Philipp Hanusch 5 Mins Read

On 1 January 2018, new provisions in the Arbitration Ordinance have come into force to confirm that all…

In Arbitrability

Arbitrability – District court stays proceedings and compels arbitration in Hong Kong

January 3, 2018 by 4 Mins Read

Townsend Ventures , LLC v. Hybrid Kinetic Grp. Ltd., Civil Action No. GLR-17-130 (D. Md. Aug. 30, 2017)…

In Arbitrability

Arbitrability – Fifth Circuit affirms grant of motion to dismiss because arbitrability was validly delegated to the arbitrators

December 18, 2017 by David Zaslowsky 4 Mins Read

Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., No. 16-20690 (5th Cir. Aug. 9, 2017) [click for opinion] In 2013, Plaintiff Brittania-U Nigeria Limited (“Brittania-U”) was invited to participate in the bidding for interests in oil leases in Nigeria held by Chevron Nigeria, Limited, a division of Defendant Chevron U.S.A. Inc. (“Chevron”). Brittania-U signed a confidentiality agreement with Chevron that specified that “arbitration shall be conducted in accordance with the United Nations Commission on International Trade…