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

View all

Read these next


Witness Recollection and International Arbitration

This article first appeared in the Thomson Reuters Practical Law Arbitration Blog, here. A recently published report from the International Chamber of Commerce (ICC), The Accuracy of Fact Witness Memory in International Arbitration,...

By James Turner

AAA ICDR Principles Supporting the Use of AI in Alternative Dispute Resolution

The American Arbitration Association®-International Centre for Dispute Resolution® (AAA-ICDR®) is committed to pioneering the thoughtful integration of artificial intelligence (AI) in alternative dispute resolution (ADR). We aim to enhance ADR...

By Colin Rule

Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts

This article first appeared on Ogletree Deakins insights, here. Mandatory arbitration clauses for employment disputes have received a great deal of attention in recent years. In the First Circuit, there...

By Rachel Mandel, Laurielle Howe

Find an Arbitrator