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Arbitration Agreements

U.S.:  Fifth Circuit holds that party waived right to compel arbitration by invoking the...

Forby v. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018) On April 24, 2015, Vickie Forby filed a class action in state...

U.S.: Eleventh Circuit upholds enforceability of a mandatory arbitration provision in a shrinkwrap agreement...

Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) Two Florida residents purchased the same type of "Heritage 30" shingles (hereinafter "the shingles") from...

Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction

In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019...

U.S.: Eleventh Circuit establishes a two-part test for the independent issues of whether a...

Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) Plaintiff Outokumpu Stainless, LLC ("Outokumpu"), through its predecessor ThyssenKrupp Stainless...

US: District court denies motion to compel arbitration because Defendant was a non-signatory to...

Thompson v. AT&T Serv., Inc., No. 17 C 3607 (N.D. III. Sept. 24, 2018) Plaintiff brought suit against several Defendants, including AT&T Services, Inc. ("AT&T"),...

U.S.: New Jersey appellate court holds that arbitration clause failed to include sufficiently clear...

Kiraly v. Forcepoint, Inc., No. A-2676-17T1 (N.J. Super. Ct. App. Div. Oct. 2, 2018) In January 2015, Plaintiff was hired by Defendant Forcepoint, Inc. as...

U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) In June 2014, electrical contractor Miller Brothers ("Miller") entered into a supply agreement...

U.S.: District court dismisses class action based on Telephone Consumer Protection Act upon finding...

Johnson v. Uber Technologies, Inc., No. 16 C 5468 (N.D. III. Sep. 20, 2018) Plaintiff Charles Johnson sued Uber Technologies, Inc. ("Uber") for sending...

Belgium: Arbitration Clause in Agreements with FIFA and UEFA held Invalid

The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration clauses. Under Belgian law, any dispute...

U.S.: District court compels arbitration based on Defendant’s practice of including in its “self...

Zacher v. Comcast Cable Commc'ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) Plaintiff brought a putative class action alleging that Comcast violated the Telephone...