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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 5, 2016

Arbitration Clause Giving Arbitrators Power to Resolve Arbitrability Controls

On May 31, 2016, the First Department issued a decision in Skyline Steel, LLC v. PilePro LLC, 2016 NY Slip Op. 04158, holding that an arbitration clause required the question of arbitrability to be decided by the arbitrators, explaining:

Both the arbitration clause and the JAMS rule incorporated therein confer on the arbitrators the power to resolve arbitrability. These provisions, governing the specific issue, take precedence over the arbitration clause’s generic incorporation of the New York statutes governing arbitration.

(Internal citations omitted).

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