Posts Categorized: Arbitation, Mediation and Other ADR

Posted: April 24, 2018

Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit

On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, 2018 NY Slip Op. 02582, holding that the plaintiffs in a lawsuit had waived their right to arbitrate their dispute by bringing the lawsuit, explaining: Plaintiffs commenced this action upon an alleged oral agreement entered into in October… Read more »

Posted: March 18, 2018

Specific Forum Selection Clause in Broker’s Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4

On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 NY Slip Op. 30368(U), holding that a forum selection clause in a broker’s employment contract was not superseded by an arbitration clause in a later-signed Form U-4, explaining: The… Read more »

Posted: March 3, 2018

Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract’s Jury Waiver

On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2018 NY Slip Op. 01294, affirming the dismissal of a jury demand, explaining: The court properly granted the motion to strike plaintiffs’ demand for a jury trial. While a party alleging fraudulent inducement that… Read more »

Posted: January 14, 2018

Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement

On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in Huntsman Intl., LLC v. Albemarle Corp., 2018 NY Slip Op. 30014(U), granting a motion to compel arbitration brought by persons that had not signed the agreement containing the arbitration provision, explaining: The Individual Defendants seek to compel arbitration… Read more »

Posted: January 6, 2018

No Improper Influence; Arbitrator’s Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed

On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. v. Desarrolladora Farallon S. De R.L. De C.V., 2018 NY Slip Op. 00031, refusing to vacate an arbitral award on the grounds of undue influence, explaining: “The record does not support respondent’s contention that the arbitration… Read more »

Posted: December 17, 2017

Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing

On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision in 1414 Holdings, LLC v. BMS-PSO, LLC, 2017 NY Slip Op. 32551(U), holding that a party that agreed that an arbitrator did not have to hold a hearing cannot get that arbitrator’s award vacated for failure to hold a… Read more »

Posted: October 15, 2017

Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide

On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gibbs v. Holland & Knight, LLP, 2017 NY Slip Op. 32075(U), holding that the res judicata effect of an award in an earlier arbitration was for the arbitrator, not the court, to decide, explaining: As to H&K’s claim… Read more »

Posted: September 15, 2017

Parties Waived Right to Arbitrate By Participating in Litigation

On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision in Primer Construction Corp. v. Empire City Subway Co., Ltd., 2017 NY Slip Op. 31909(U), holding that the parties to a litigation had waived their right to arbitrate their dispute, explaining: [T]he governing Interference Agreement contains a binding arbitration… Read more »

Posted: July 20, 2017

Class Action Waiver Violated National Labor Relations Act

On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 2017 NY Slip Op. 05695, holding that class action waivers in insurance agent employment agreements violated the National Labor Relations Act. In Gold, the plaintiff insurance agent’s employment contract contained an arbitration provision requiring arbitration of any… Read more »

Posted: July 18, 2017

Corporate Officers Can Enforce Arbitration Provision in Corporation’s Contract

On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGowan Builders, Inc., 2017 NY Slip Op. 05580, holding that corporate officers could enforce an arbitration provision in one of the corporation’s contract, explaining: A written agreement to submit any controversy to arbitration is enforceable without regard to the… Read more »