Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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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. Pricew… Read More
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 Matt… Read More
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 Narra… Read More
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 As… Read More
June 12, 2021 Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
May 13, 2021 Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
May 11, 2021 When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable
On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Met… Read More
May 8, 2021 Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
April 25, 2021 Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
April 22, 2021 Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
February 13, 2021 Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
February 7, 2021 Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
January 24, 2021 Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
January 1, 2021 Non-Signatories Not Bound by Agreement's Arbitration Provision
On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 28, 2020 Parties Bound by Agreement to Beth Din Arbitration
On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 27, 2020 FINRA Rules Held to Create Obligation to Arbitrate
On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 24, 2020 Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
October 27, 2020 Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 25, 2020 Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 10, 2020 When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More

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