First Circuit Clarifies Standard of Review and Evidentiary Proof Applicable to Motion to Compel Arbitration

Air-Con Inc. is a Puerto Rico corporation that specializes in the sale and distribution of air conditioners in Puerto Rico and the Caribbean. A dispute arose between Air-Con and its supplier, Daikin Applied Latin America LLC. Daikin moved to compel arbitration after Air-Con filed suit in a Puerto Rican court. The district court of Puerto Rico granted Daikin’s request, finding that Air-Con and Daikin had operated pursuant to the terms of an agreement between Air-Con and Daikin’s parent company since the inception of their distribution relationship and the arbitration provision of the agreement between Air-Con and Daikin’s parent applied to the dispute. In addition, the district court read certain allegations from Air-Con’s complaint as admitting that its written agreement with Daikin’s parent applied to the dispute…

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration

This article first appeared in Urbas Arbitral, here. In Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture, 2021 BCSC 1136, Madam Justice Shelley C. Fitzpatrick issued a stay of proceedings...

By Daniel Urbas
Category

CETA List Project Demonstrates Gender Disparities in Arbitral Appointments for Trade & Investment Disputes

The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) List project demonstrated that there are occasions where appointing bodies have failed to give women the same opportunities to obtain arbitral appointments...

By Benjamin Davis
Category

Arbitration Conversation No. 45: Prof. Stephen Ware, Kansas University School of Law

In this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law at the Kansas University School of Law. https://youtu.be/efCM0NMkpYc

By Stephen Ware, Amy Schmitz

Find an Arbitrator

X
X
X