Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: November 25, 2019

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 »

Posted: November 2, 2019

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 »

Posted: October 25, 2019

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 »

Posted: October 17, 2019

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 »

Posted: July 16, 2019

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 »

Posted: July 10, 2019

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 »

Posted: June 24, 2019

Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law

On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Werner Worldwide Holding Co., LP v. Werner US Sub Holding, Inc., 2019 NY Slip Op. 31691(U), refusing to vacate an arbitral award for manifest disregard of the law, explaining: Under CPLR ยง 7511(b)(1)(iii), an arbitration award may be... Read more »

Posted: June 9, 2019

Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award

On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman, 2019 NY Slip Op. 04494, holding that appellants who did not participate in an arbitration lacked standing to challenge the award, explaining: Nonparty appellants, which are partners in petitioner, lack standing to challenge this arbitration, as they... Read more »

Posted: June 6, 2019

Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended

On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo Wengui v. Schiller, 2019 NY Slip Op. 31436(U), holding that an arbitration clause in a law firm engagement letter covered a dispute arising after the engagement ended, explaining: Here, while the specific conduct of which Plaintiff complains... Read more »