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


Canada – Arbitral Award Enforced despite Russian Sanctions

This article was first published in the Arbitration Matters Blog, here. In Angophora Holdings Limited v. Ovsyankin, 2022 ABKB 711, Justice Romaine dismissed an application by an arbitral award debtor to stay...

By Myriam Seers

Remedying a Slip in an Award

This blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new report by the Arbitration Committee of the NYC Bar attempts to...

By Michael Lampert

Arbitration Conversation Episode 52: Graham Ross, Head Of International Marketing at

In this episode of the Arbitration Conversation Amy interviews Graham Ross, Head Of International Marketing at Smartsettle Resolutions Inc. and Founder and President of The discussion revolves around Smartsettle...

By Graham Ross, Amy Schmitz

Find an Arbitrator