Posts Categorized: Arbitation, Mediation and Other ADR

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 »

Posted: July 11, 2017

Partnership Agreement’s Arbitration Provision Governs Later Agreement to Sell Partnership Assets

On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dworman, 2017 NY Slip Op. 05192, holding that a partnership agreement’s arbitration provision governed a later agreement to sell partnership assets, explaining: Since the alleged oral agreement to sell or transfer partnership assets attempts to modify several substantive… Read more »

Posted: July 7, 2017

Fraud Claims Subject to Broad Arbitration Clause

On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co. v. Jorgensen & Co., 2017 NY Slip Op. 05186, holding that fraud claims were subject to a broad arbitration clause, explaining: The court correctly determined that the claims asserted against defendant Jorgensen, which plaintiff describes as essentially… Read more »

Posted: June 30, 2017

Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court

On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reaves v. Kessler, 2017 NY Slip Op 31245(U), staying four derivative lawsuits in favor of related litigation in federal court. At issue in Reaves were four derivative actions filed against directors of Resource Capital Corp. (“Resource Capital”), a… Read more »