Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: January 30, 2017

Error of Law by Arbitrator Insufficient Basis to Vacate Award

On January 24, 2017, the First Department issued a decision in Matter of Yarmak v. Penson Financial Services Inc., 2017 NY Slip Op. 00433, holding that even if an arbitrator had made errors of law, that was not sufficient grounds to vacate an arbitral award, explaining: Even if the arbitrators’ dismissal of petitioner’s claims prior… Read more »

Posted: January 17, 2017

Court Confirms Arbitration Award Despite Party’s Misconduct

On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in 1552 Broadway Retail Owner LLC v. McDonald’s Corporation, 2017 NY Slip Op. 50011(U), confirming an arbitral award despite evidence of misconduct by a party, explaining: It is a bedrock principle of arbitration law that the scope of judicial… Read more »

Posted: November 9, 2016

Arbitral Award Vacated for Failure to Disclose Witness’s Criminal Plea Agreement

On October 21, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Policy Administration Solution, Inc. v. QBE Holdings, Inc., 2016 NY Slip Op. 32193(U), vacating an arbitral award for failure to disclose to the arbitrator that a witness who had invoked his Fifth Amendment right not to testify already… Read more »

Posted: November 6, 2016

Dispute Covered by Arbitration Agreement Subject to Arbitration Regardless of Relief Sought

On October 26, 2016, the Second Department issued a decision in Sutphin Retail One, LLC v. Sutphin Airtrain Realty, LLC, 2016 NY Slip Op. 07018, holding that a dispute covered by an arbitration agreement was subject to arbitration regardless of the relief sought, explaining: Here, the arbitration clause in the operating agreement was sufficiently broad… Read more »

Posted: October 25, 2016

Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator

On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in Rahmani v. Venture Capital Properties LLC, 2016 NY Slip Op. 31927(U), holding that the decision whether to disqualify counsel is for the court, not the arbitrator, explaining: [M]atters of attorney discipline are beyond the jurisdiction of arbitrators; issues… Read more »

Posted: October 16, 2016

Plaintiff Bound by Arbitration in Partnership Agreement Even Though He Had Not Signed Agreement

On October 11, 2016, the First Department issued a decision in Gibbs v. Holland & Knight, LLP, 2016 NY Slip Op. 06670, holding that a plaintiff was bound by a partnership agreement he had not signed, explaining: “The motion court correctly found that, although plaintiff had not signed the partnership agreement containing the arbitration provision,… Read more »

Posted: August 21, 2016

Claims Not Subject to Arbitration Stayed Pending Arbitration of Related Claims

On August 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in Moyal v. Sullo, 2016 NY Slip Op. 31559(U), staying claims not subject to arbitration pending the arbitration of related claims, explaining: That branch of Sulla’s and Moyal’s motion seeking an order from this Court staying litigation of the… Read more »

Posted: August 11, 2016

Non-Signatory Directly Benefiting from Agreement Bound by its Arbitration Provision

On August 11, 2016, the First Department issued a decision in BGC Notes, LLC v. Gordon, 2016 NY Slip Op. 05775, holding that a non-signatory was bound by an agreement’s arbitration provision, explaining: The motion court correctly ordered BGC Notes to arbitrate its claims against Gordon in accordance with the terms of Gordon’s employment agreement… Read more »

Posted: July 11, 2016

Collateral Estoppel Bars Plaintiff from Litigating Factual Issues Determined in Prior Arbitration

On June 30, 2016, the First Department issued a decision in Advanced Aerofoil Technologies AG v. MissionPoint Capital Partners LLC, 2016 NY Slip Op. 05231, holding that the doctrine of collateral estoppel barred a plaintiff’s claims, explaining: The motion court correctly determined that the doctrine of collateral estoppel bars plaintiff from litigating two factual issues… Read more »

Posted: July 7, 2016

Arbitral Award Must be Confirmed if Not Irrational

On June 29, 2016, the Second Department issued a decision in Structure Tek Construction, Inc. v. Waterville Holdings, LLC, 2016 NY Slip Op. 05140, discussing the standard for confirmation of an arbitral award: Judicial review of arbitration awards is extremely limited. A party seeking to overturn an arbitration award on one or more grounds set… Read more »