On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in Matter of Sayre v. Madison Hawk Partner, LLC, 2018 NY Slip Op. 33030(U), refusing to vacate an arbitral award for arbitrator bias, explaining: As an initial matter, petitioners’ communication was not improper. Paragraph 19 of the Operating Agreement… Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in IQVIA RDS Inc. v. Eisai Co. Ltd, 2018 NY Slip Op. 32923(U), holding that a party who did not sign an agreement with an arbitration clause was not required to arbitrate, explaining: IQVIA cannot be bound by the Collaboration… Read more »
Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board of Mgrs. of 110 E 42nd St. Condominium, 2018 NY Slip Op. 08096, affirming a refusal to stay an arbitration, explaining: The court properly considered plaintiff’s motion pursuant to CPLR 6301 for a preliminary injunction as an… Read more »
Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and… Read more »
Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and… Read more »
Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and… Read more »
Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation
On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in KPMG LLP v. Kirschner, 2018 NY Slip Op. 32661(U), holding that a plaintiff cannot bring a proceeding to compel arbitration until the defendant begins litigation, explaining: CPLR § 7503(a) provides: A party aggrieved by the failure of another… Read more »
Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 32562(U), sanctioning a litigant for seeking to arbitrate previously-litigated claims, explaining: It is well settled that the right to arbitration may be modified, waived or abandoned. The question of whether parties waived their right to arbitrate by their litigation-related… Read more »
Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in NSB Advisors, LLC v. C.L. King & Assoc., Inc., 2018 NY Slip Op. 32533(U), refusing to vacate an arbitral award for manifest disregard of the law, explaining: It is well settled that judicial review of arbitration awards is extremely limited…. Read more »
Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 NY Slip Op. 06485, holding that an arbitration provision in a later-signed Form U-4 supersedes the dispute resolution provision in an earlier-signed employment agreement, explaining: This dispute is governed by state contract law principles. The first… Read more »