Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: May 28, 2017

Under AAA Rules, Question of Arbitrability is for Arbitrator in First Instance

On May 23, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Port Authority of N.Y. & NJ v. 2 World Trade Center LLC, 2017 NY Slip Op. 31121(U), refusing to stay an arbitration because the question of arbitrability was for the arbitrator in the first instance, explaining: It is… Read more »

Posted: May 2, 2017

Arbitration Provisions in Agreements Enforced Despite Claim That Agreements Were Invalid

On April 14, 2017, Justice Singh of the New York County Commercial Division issued a decision in Southport Lane Management, LLC v. Adler, 2017 NY Slip Op. 30715(U), enforcing arbitration clauses notwithstanding the allegations that the agreements containing the clauses were invalid, explaining: Even if the employment agreements or separation agreements are not valid, the… Read more »

Posted: March 16, 2017

Attorney Release in Agreement Insufficient to Bind Attorney to Agreement’s Arbitration Clause

On March 2, 2017, the First Department issued a decision in Matter of Kramer Levin Naftalis & Frankel LLP v. Cornell, 2017 NY Slip Op. 01643, holding that an attorney release in a separation agreement was insufficient to bind that attorney to the agreement’s arbitration clause, explaining: Respondents failed to demonstrate that the parties agreed… Read more »

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 »