Blogs

Monthly Archives: June 2021

Posted: June 27, 2021

Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability

On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. PricewaterhouseCoopers LLP, 2021 NY Slip Op. 03929, holding that where an arbitration provision is broad, it is for the arbitrator, not the court, to determine arbitrability, explaining: Where, as here, the parties have a broad arbitration clause and the... Read more »

Posted: June 26, 2021

Award Vacated Because it was Issued After the Deadline Set by the Parties

On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Papakonstadinou v. Sparakis, 2021 NY Slip Op. 50543(U), vacating an arbitral award because is was issued after the deadline set by the parties, explaining: CPLR 7507 requires the arbitrator’s award to be issued within the time fixed... Read more »

Posted: June 25, 2021

Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction

On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melrose Assoc. L.P. v. Floral Assoc. L.P., 2021 NY Slip Op. 31827(U), holding that a forum selection clause mandating a federal forum is unenforceable when there is no federal jurisdiction, explaining: It is the policy of the courts... Read more »

Posted: June 23, 2021

San Diego County Files New Complaint Alleging VRDO Bond Price Fixing

In Board of Directors of the San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission v. Bank of America Corporation et al., No. 1:21-cv-04893 (JMF), an organization representing the City Government of San Diego, California brought a class action suit against leading financial institutions alleging a conspiracy to manipulate interest... Read more »

Posted: June 23, 2021

Agents for a Partially-Disclosed Principal Bound by Agreement’s Arbitration Provision

On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narravula v. Perosphere Tech., Inc., 2021 NY Slip Op. 50510(U), holding that agents for a partially-disclosed principal were bound by an agreement’s arbitration provision, explaining: Finally, respondents argue that petitioners are bound to the SPA in their personal capacity... Read more »

Posted: June 22, 2021

Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release

On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Chadha v. Wahedna, 2021 NY Slip Op. 50509(U), holding that a fraud claim based on allegations that a release was procured by fraud fail when the alleged fraud is the fraud that was the subject of the release,... Read more »

Posted: June 20, 2021

When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction

On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serface Care, Inc. v. Berry Good Labs, LLC, 2021 NY Slip Op. 31900(U), holding that when a forum selection clause selecting only a federal forum is unenforceable, the parties can sue in other jurisdictions, explaining: The forum selection... Read more »

Posted: June 19, 2021

Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators

On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ashland Global Holdings, Inc. v. Speedway LLC, 2021 NY Slip Op. 31899(U), holding that a broadly-worded arbitration provision leaves the decision on whether a claim is arbitrable to the arbitrators, explaining: In light of the above facts and... Read more »