On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Alayev v. Hardoon, 2020 NY Slip Op. 30139(U), holding that a claimant did not waive an arbitration provision by bringing an action but dismissing it less than a month later, explaining: On May 13, 2019, Mr. Alayev commenced... Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge’s presumptive ADR initiative. Wednesday, January 22, 2020 | 6:00 p.m. – 8:00 p.m. Program Fee: There is no fee for this event. Please register here. Description: Administrative Judges and key Administrators will discuss the ongoing implementation of the Chief... Read more »
Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman, 2019 NY Slip Op. 08936, holding that interlocutory arbitral awards are not subject to judicial review, explaining: The arbitrator’s orders were issued in connection with the sale process that followed the issuance of a partial final arbitral... Read more »
Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal Owner LLC v. Citiscape Bldrs. Group Inc., 2019 NY Slip Op. 08281, holding that whether a party that did not sign an arbitration agreement was bound by the agreement was a question for the court, not the... Read more »
Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v. Miratech, Inc., 2019 NY Slip Op. 07701, holding that a court may not vacate an arbitral award because the arbitrator erred in interpreting or applying the law, explaining: At issue is whether the arbitrator manifestly disregarded the... Read more »
Requiring Employees to View and Acknowledge Seeing Presentation on Mandatory Arbitration Does Not Create Binding Agreement to Arbitrate
On January 16, 2019, the Appellate Division of the Superior Court issued a decision in Skuse v, Pfizer, Inc., Docket No. A-3027-17T4, holding that requiring an employee to view and acknowledge seeing a presentation on mandatory arbitration was insufficient to create a binding agreement to arbitrate, explaining: We begin our forum analysis by recognizing the... Read more »
Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Broumand v. Abbot, 2019 NY Slip Op. 32938(U), holding that a broad arbitration clause covered claims arising in contract, quasi-contract and tort, explaining: The Federal Arbitration Act (FAA) applies because Broumand’s claims involve interstate commerce. Matters concerning companies’... Read more »
Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ USA, LLC v. United Rest. Group Intl. Inc., 2019 NY Slip Op. 32067(U), holding that a party waived its right to arbitrate by asserting claims in court, explaining: Li and Qifan contend that this litigation should be... Read more »
When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Suratwala v. Gandhi, 2019 NY Slip Op. 31859(U), holding that when there is a question regarding whether a party signed an agreement containing an arbitration clause, the question of arbitrability is for the court, not the arbitrator, to... Read more »
Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney’s Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Slip Op. 05341, holding that an arbitrator did not manifestly disreagard the law in awarding a prevailing party attorneys’ fees, explaining: We are mindful that courts possess very limited authority to review an arbitration award. Indeed,... Read more »