North America 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 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…

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 (“SteppeChange”) a California-based tech company, was involved in two projects, under two separate oral agreements, with Dutch cellular phone and data service provider VEON Ltd. (“VEON”), and its Italian subsidiary, Wind Tre S.p.A. (“Wind” and collectively with VEON, “Defendants”). The first project involved developing a customer messaging platform (the “Button Project”), and the second involved developing a…

In Arbitration Agreements

U.S.: Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.

March 25, 2019 by 4 Mins Read

Skuse v. Pfizer, Inc., No. A-3027-17T4 (N.J. Super. Ct. App. Div. Jan. 16, 2019) [click for opinion] In…

In North America

U.S.: Appellate court vacates corrected partial final arbitration award and final arbitration award on the grounds that the panel exceeded its authority by reconsidering its initial partial arbitration award.

February 20, 2019 by Amanda Praestholm 4 Mins Read

Am. Int’l Specialty Lines Ins. Co. v. Allied Capital Corp., Index. No. 656341/16, 2018 NY Slip Op 07194…

In Arbitration Agreements

U.S.: Fifth Circuit holds that party waived right to compel arbitration by invoking the judicial process and because Plaintiff was prejudiced in her legal position.

February 18, 2019 by 3 Mins Read

Forby v. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018) [click for opinion] On April 24, 2015, Vickie Forby filed a class action in state court in Illinois against One Technologies, L.P. (“One Tech”) for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). The case was later removed to the United States District Court for the Southern District of Illinois. In the notice of removal, One Tech did not…

In North America

U.S.: Second Circuit joined the Third, Fifth, Sixth, Seventh, and Ninth Circuits in recognizing an exception to the functus officio doctrine where an arbitral award failed to address a contingency that later arises or when the award is susceptible to more than one interpretation.

February 14, 2019 by Laura Kelly and David Zaslowsky 5 Mins Read

Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co., No. 17-2496-cv (2d Cir. Nov. 28, 2018) [click…

In North America

U.S.: District court denies motion for stay of execution without bond and grants motion to execute on judgment confirming foreign arbitral award.

February 11, 2019 by 4 Mins Read

Stati v. Kazakhstan, No. 14-cv-1638 (D.D.C. Nov. 13, 2018) [click for opinion] On March 23, 2018, the District Court…