North America Archives

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 purchased a 2-Year Electronics Protection Plan (the “Protection Plan”) from SquareTrade to protect a CD player that he purchased from Staples. Plaintiff purchased this Protection Plan online through Amazon. The Amazon purchase page advised Plaintiff that his “Service Contract [would] be delivered via email … from SquareTrade Warranty Services … within 24 hours of purchase.” The purchase…

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 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 November 2017, Plaintiff Amy Skuse (“Skuse”) filed a complaint against her former employer Pfizer, Inc. (“Pfizer”), and several other Pfizer officials, alleging religious discrimination. Pfizer required flight attendant employees, like Skuse, to receive yellow fever vaccinations. When Skuse, a practicing Buddhist, refused to receive the vaccine, Pfizer put Skuse on leave and ultimately terminated her employment. 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,…

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 for opinion] General Re Life Insurance Corp. (“General Re”) sought review from the Second Circuit Court of Appeals of an order denying its petition to confirm an initial arbitration award and granting the cross-petition of Lincoln National Life Insurance Company (“Lincoln”) to affirm the award issued after the arbitral panel clarified the original award. The Second Circuit…

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…

In Arbitration Procedure

U.S.: District court holds that Section 1782 does not apply to private international arbitrations.

February 5, 2019 by Baker McKenzie 2 Mins Read

In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) [click for opinion] Plaintiff Rolls-Royce manufactured an engine that contained a valve made by Defendant Servotronics. The engine was incorporated into a plane made by Boeing. During testing on the plane, a piece of metal got lodged in the valve, and a fire occurred in the engine that damaged both the engine and the plane. Boeing maker sought compensation from Rolls-Royce. Rolls-Royce settled the claim…