On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 NY Slip Op. 33358(U), holding that a party cannot participate in an arbitration without challenging its jurisdiction in court and later seek to vacate an award based on lack of... Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
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 in Lamorna Invs. Ltd. S.A. v. MG Capital Mgt. Residential Fund III L.P., 2020 NY Slip Op. 33162(U), holding that when an arbitration is governed by the ICC rules, it is for the arbitrator, not the court, to decide... Read more »
Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMBSW Group, LLC v. Inverness Counsel, LLC, 2020 NY Slip Op. 32525(U), staying a lawsuit pending the resolution of a prior pending arbitration, explaining: The Defendants argue that a stay is appropriate because (i) the same conduct forms... Read more »
Court Upholds Arbitrator’s Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Vitra, Inc. v. Ninety-Five Madison Co., L.P., 2020 NY Slip Op. 32389(U), confirming an arbitrator’s award of sanctions, explaining: In motion sequence six, Ninety-Five Madison moves to vacate the Second Partial Final Award and August 2019 Order. Leading... Read more »
Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Locascio v. Hobbs, Inc., 2020 NY Slip Op. 32226(U), granting a petition to stay an arbitration because of the claimant’s failure to use a mandatory pre-arbitration dispute resolution process, explaining: [Petitioner} correctly points out that a condition precedent... Read more »
Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TCR Sports Broadcasting Holding, LLP v. WN Partner LLC, 2019 NY Slip Op. 52186(U), refusing to vacate an arbitral decision based on alleged errors in applying the law, explaining: Finally, the Orioles’ argument that the RSDC exceeded its... Read more »
Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stairway Legacy Assets, L.P. v. McKenna Long & Aldridge, LLP, 2020 NY Slip Op. 32150(U), analyzing the timliness of a motion to confirm an arbitral award: CPLR § 7510 states that, the court shall confirm an award upon... Read more »
Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 2004 Parker Family LP v. BDO USA LLP, 2020 NY Slip Op. 50614(U), holding that non-signatories were bound by an arbitration provision in a contract upon which they had relied in asserting claims, explaining: As the First Department... Read more »
Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co. v. Corporation, 2020 NY Slip Op. 02529, holding that an arbitral panel could reconsider a partial award, explaining: In this case, AISLIC argues, and the Appellate Division held, that the arbitration panel exceeded its authority because it... Read more »
Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Dompe Farmaceutici S.P.A. v Lubris, LLC, 2020 NY Slip Op. 30934(U), holding that a party did not waive its contractual alternative dispute resolution right to have an expert resolve its dispute by moving to dismiss a lawsuit, explaining:... Read more »