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August 7, 2023
Arbitrators’ Refusal to Grant An Adjournment Insufficient Grounds to Vacate Final Award
On June 23, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision and order on motion in Panzer v. Epstein, 2023 NY Slip Op 32099(U), granting respondent’s motion to confirm and denying petitioner’s cross-motion to vacate the Final Award. The Court also denied respondent’s motion to compel petitioner to accept the money amount specified in the Final Award as premature. Regarding its decision to confirm the Final Award, the Court explained: Read More
April 7, 2023
Arbitral Award Confirmed Over Objection That Arbitrators Effectively Rewrote Force Majeure Clause
On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in GFK US MRI, LLC v. LHK Partners, Inc., 2023 NY Slip Op 30969(U), confirming an arbitral award over an objection that the arbitration panel violated public policy, relied on a force majeure clause not addressed by the parties, and effectively rewrote the parties' force majeure clause, explaining: Read More
April 3, 2023
Agreement That Referenced Arbitration and Litigation Was Not a Clear, Explicit, and Unequivocal Agreement to Arbitrate
On March 28, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. The OLB Group, Inc., 2023 NY Slip Op 30968(U), holding that an asset purchase agreement that referenced both arbitration and litigation of claims, which the court described as a "marvel of linguistic misdirection," did not include a clear, explicit, and unequivocal agreement mandating arbitration, explaining: Read More
March 22, 2023
Fee Shifting Provision in Partnership Agreement Cost Plaintiff Over $750,000
In a Decision and Order, dated February 17, 2023, in Gibbs v. Holland & Knight, LLP, Index No. 159345/2014, Justice Andrew Borrok of the New York County Commercial Division denied a former partner’s motion to vacate the arbitrator’s award of attorneys’ fees and costs to defendant law firm and granted defendant’s cross-motion to confirm the final award even though plaintiff prevailed on one discrete issue in the arbitration. The Court explained: Read More
December 16, 2022
"Confidential" Documents in Article 75 Proceeding Permitted to Be Sealed
On December 6, 2022, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Metropolitan Transportation Authority v. Westfield Fulton Center, 2022 N.Y. Slip Op. 34112(U), holding that confidential documents submitted in connection with an arbitration could be filed under seal in an Article 75 proceeding, explaining: Read More
November 4, 2022
Arbitration Permanently Stayed by Order to Show Cause After JAMS Was Ready to Proceed to the Selection of Arbitrator
In a Decision and Order, dated August 24, 2022, in Allyance Media Grp., Inc. v. Acker Family 2016 Gift Trust (2022 NY Slip Op 32888(U)), Justice Chan of the New York County Commercial Division held that CPLR 7503 did not bar a party whose counsel submitted letters to JAMS from applying for a stay more than twenty days after it received notice of the intention to arbitrate because the letters to JAMS stated its position that JAMS is not empowered to determine the threshold issue of arbitrability and the notice of intention to arbitrate did not include the requisite language of CPLR 7503(c). The Court explained: Read More
August 24, 2022
Arbitration Permanently Stayed Given Dispute Over Authenticity of Agreement Containing Arbitration Clause
On August 18, 2022, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in SMI Central Park Tower LLC v. Genesis Central Park Tower, LLC, Index No. 655036/2021, granting an Article 75 petition to permanently stay arbitration when there was a genuine dispute concerning whether the alleged agreement including the arbitration clause was authentic, explaining: Read More
August 22, 2022
Party Cannot Avoid Narrow Dispute-Resolution Clause in Contract By Dressing Up Claim of Breach as a Breach of a Covenant To Which Dispute-Resolution Clause Does Not Apply
On June 21, 2022, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in BD Capital Partners Ltd. v. EBIX, Inc., 2022 N.Y. Slip Op. 31951(U), holding that a party cannot avoid a narrow dispute-resolution clause in a contract by dressing up its allegations as a breach of separate covenants in a contract to which the dispute-resolution clause does not apply, explaining: Read More
