In Western Security Bank v. Winzenreid, No. 15-35617 (9th Cir. Mar. 14, 2016), the Ninth Circuit Court of Appeals held that it lacked jurisdiction to review an order denying a stay pending arbitration where the movant did not seek to compel arbitration. In December 2011, Plaintiff entered into loan agreements with (i) Defendants, (ii) Meridian Surgical Partners (“Meridian”) and (iii) Omni Funding Corp. (“Omni”). Plaintiff loaned more than $2 million for construction of an ambulatory surgical…
In Nelson v. Watch House Int’l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the Fifth Circuit found an…
In Dell Webb Communities, Inc. v. Carlson, No. 45-1385 (4th Cir. Dec. 9, 2015), the Fourth Circuit held…
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016), the District Court for the Southern District of New York concluded that Section 203 of the FAA and the New York Convention do not provide subject matter jurisdiction over actions to enforce a foreign court’s judgment, even where a party contends that the foreign judgment is inconsistent with an earlier arbitral award or agreement to arbitrate. In…
In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016), the Tenth Circuit upheld the denial of a motion to compel arbitration, finding arbitration prohibitively expensive for Plaintiff under the terms of the arbitration agreement. Plaintiff, a student at a for-profit academic institution offering massage therapy courses, brought a putative class action against the institution under the Fair Labor Standards Act (“FLSA”) and state laws for requiring massage therapy students to perform massages on…
Any company that makes sales through the Internet to New Jersey consumers should be aware of a recent…
In Hayes v. Delbert Servs. Corp., No. 15-1170 (4th Cir. Feb. 2, 2016), the Fourth Circuit refused to…
“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective dispute resolution mechanism in the TTIP-discussions with the United States of America. In this context, arbitration is a means to protect a past investment against undue influence exercised by the host state. However, a slight change of the term “Investment Arbitration” into “Investment: Arbitration!” gives rise to a different discussion. The term then indicates that an arbitration…