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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 18, 2015

Where Arbitral Body Selected by Parties Leaves Arbitrability to Arbitrators, Court Cannot Review

On June 11, 2015, the First Department issued a decision in Matter of Field v. BDO USA, LLP, 2015 NY Slip Op. 04934, holding that where the parties agreed to arbitrate under the rules of JAMS, which “shift[ed] arbitrability questions to the arbitrator,” “the issue of arbitrability is taken from the court’s purview and resides solely with the arbitrator.” (Emphasis added). Thus, the question of arbitrability was not one the court could review.

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