Arbitral Digest

Matter

Amir Soleymani v Nifty Gateway LLC ([2022] EWHC 773 (Comm))

Seat
United States
Applicable rules
JAMS Policy on Consumer Arbitrations
  1. 28 October 2021United States

    28 October 2021United States

    Arbitrator's procedural order dated 28 October 2021

    Judicial Arbitration and Mediation Services, Inc

    Decision summary
    The arbitrator directed the parties to submit briefing on whether the JAMS Policy on Consumer Arbitrations applied to the proceeding and whether Amir Soleymani was a consumer.

    Supporting details

    4 participants
    Amir Soleymani
    Nifty Gateway LLC
    Judicial Arbitration and Mediation Services, Inc

    1 month and 9 days later · 40 days

  2. 7 December 2021United States

    7 December 2021United States

    Arbitrator's ruling dated 7 December 2021

    Judicial Arbitration and Mediation Services, Inc

    Decision summary
    The arbitrator denied Amir Soleymani's motion to stay and held that he had jurisdiction to resolve issues concerning the Terms of Use, their fairness, the arbitration agreement, and the auction rules.

    Supporting details

    4 participants
    Amir Soleymani
    Nifty Gateway LLC
    Judicial Arbitration and Mediation Services, Inc
  3. 7 December 2021United States

    7 December 2021United States

    Procedural order dated 7 December 2021

    Judicial Arbitration and Mediation Services, Inc

    Decision summary
    The arbitrator left undisturbed the preliminary determination that the JAMS Policy on Consumer Arbitrations applied to the proceeding and treated Amir Soleymani as a consumer for that preliminary purpose.

    Supporting details

    4 participants
    Amir Soleymani
    Nifty Gateway LLC
    Judicial Arbitration and Mediation Services, Inc

    9 days later · 9 days

  4. 16 December 2021United States

    16 December 2021United States

    Arbitrator's procedural order dated 16 December 2021

    Judicial Arbitration and Mediation Services, Inc

    Decision summary
    The arbitrator permitted a further motion challenging arbitrability, ordered discovery to proceed, indicated that the arbitration would be heard in May or June 2022, and declined to prevent the parties from introducing facts about the arbitration in the English proceedings.

    Supporting details

    4 participants
    Amir Soleymani
    Nifty Gateway LLC
    Judicial Arbitration and Mediation Services, Inc

    1 month and 22 days later · 53 days

  5. 7 February 2022United States

    7 February 2022United States

    Arbitrator's procedural order dated 7 February 2022

    Judicial Arbitration and Mediation Services, Inc

    Decision summary
    The arbitrator made provision for pre-hearing disclosure and factual depositions, listed an evidentiary hearing for 13 and 14 September 2022, and fixed a status conference for 17 May 2022.

    Supporting details

    4 participants
    Amir Soleymani
    Nifty Gateway LLC
    Judicial Arbitration and Mediation Services, Inc

    1 month and 17 days later · 45 days

  6. 24 March 2022United Kingdom

    24 March 2022United Kingdom

    Judgment of the High Court of Justice, London Circuit Commercial Court in the case LM-2022-000039 dated 24 March 2022

    High Court of Justice, London Circuit Commercial Court

    Case no.
    LM-2022-000039
    Citation
    [2022] EWHC 773 (Comm)
    Decision summary
    The court held that the claim concerning the validity of the arbitration clause fell within the arbitration exclusion and that the claimant had not established the jurisdictional gateway for that claim. It granted Nifty Gateway a stay of all parts of the claim under section 9 of the Arbitration Act 1996 and declared that the court had no jurisdiction over the claim that the arbitration clause was unfair and non-binding.

    Supporting details

    22 authorities · 9 participants
    Amir Soleymani
    Representative
    Angeline Welsh (For: Amir Soleymani)
    Representative
    Ian MacDonald (For: Amir Soleymani)
    Representative
    Russells (For: Amir Soleymani)
    Nifty Gateway LLC
    Representative
    Andrew Feld (For: Nifty Gateway LLC)
    Representative
    Osborne Clarke (For: Nifty Gateway LLC)
    High Court of Justice, London Circuit Commercial Court
    Other

    Authorities cited

    22
    • Regulation (EU) No 1215/2012
      statute
    • Arbitration Act 1996 (United Kingdom)
      statute
    • Civil Jurisdiction and Judgments Act 1982 (United Kingdom)
      statute
    • Consumer Rights Act 2015 (United Kingdom)
      statute
    • Gambling Act 2005 (United Kingdom)
      statute
    • New York Civil Practice Law and Rules (United States)
      statute
    • Brownlie v Four Seasons Holdings Inc ([2018] 1 WLR 192)
      case law
    • Goldman Sachs International v Novo Banco SA ([2018] UKSC 34; [2018] 1 WLR 3683)
      case law
    • Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA ([2019] EWCA Civ 10)
      case law
    • Bitar v Banque Libano-Francaise ([2021] EWHC 2787 (QB))
      case law
    • The Front Comor (C-185/07; [2009] 1 AC 1138)
      case law
    • Marc Rich v Impianti (Case C-190/89)
      case law
    • The Ivan Zagubanski ([2002] 1 Lloyd's Rep. 107)
      case law
    • Through Transport Mutual v New India Assurance ([2004] EWCA Civ 1598)
      case law
    • Pammer v Reederei Karl Schluter GmbH & Co KG ([2012] Bus. L.R. 972)
      case law
    • Aeroflot v Berezovsky ([2013] EWCA Civ 784)
      case law
    • Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd ([2013] EWHC (Comm) 1240)
      case law
    • A v B ([2006] EWHC 2006 (Comm))
      case law
    • Zealander & Zealander v Laing
      case law
    • Mylcrist Builders Ltd v Buck ([2008] EWHC 2172 (TCC))
      case law
    • Parking Eye v Beavis ([2015] UKSC 67)
      case law
    • Enka Insaat v OOO Insurance Co Chubb ([2020] UKSC 38)
      case law

Matter record

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Amir Soleymani v Nifty Gateway LLC ([2022] EWHC 773 (Comm)) · Matter