On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Curtis v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 2018 NY Slip Op. 31011(U), holding that a plaintiff could not avoid the effect of an arbitration clause without showing that the clause, not just the contract in which… Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
Breach of Contract Action Barred by Contract’s Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767, holding that a breach of contract claim was barred by a contract’s mandatory mediation provision, explaining: The motion court correctly dismissed the breach of contract cause of action, as under the plain language of the operating… Read more »
Failure to Use Contract’s Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Systems, Inc., 2018 NY Slip Op. 03210, dismissing a claim for failure to use a pre-suit audit procedure, explaining: The claim that Toshiba under-reported and underpaid royalties under the parties’ license agreement was correctly dismissed because plaintiff failed… Read more »
Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Footprint Power Salem Harbor Development, L.P. v. Iberdrola Energy Products, Inc., 2018 NY Slip Op. 30794(U), denying a motion to stay an arbitration, ruling that under the arbitration agreement, it was for the arbitrators, not the court, to… Read more »
Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, holding that the question of whether the signature on an agreement containing an arbitration clause was forged was for the court, not an arbitrator, to determine, explaining: Where a party has applied for an order compelling arbitration,… Read more »
Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party’s Fact Witness and Was Under Indictment
On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v. QBE Holdings, Inc., 2018 NY Slip Op. 02878, affirming the dismissal of an arbitral award for failure to disclose that an arbitrator was a party’s fact witness and was under indictment, explaining: Defendants’ failure to disclose to the arbitrator… Read more »
Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit
On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, 2018 NY Slip Op. 02582, holding that the plaintiffs in a lawsuit had waived their right to arbitrate their dispute by bringing the lawsuit, explaining: Plaintiffs commenced this action upon an alleged oral agreement entered into in October… Read more »
Specific Forum Selection Clause in Broker’s Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 NY Slip Op. 30368(U), holding that a forum selection clause in a broker’s employment contract was not superseded by an arbitration clause in a later-signed Form U-4, explaining: The… Read more »
Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract’s Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2018 NY Slip Op. 01294, affirming the dismissal of a jury demand, explaining: The court properly granted the motion to strike plaintiffs’ demand for a jury trial. While a party alleging fraudulent inducement that… Read more »
Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement
On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in Huntsman Intl., LLC v. Albemarle Corp., 2018 NY Slip Op. 30014(U), granting a motion to compel arbitration brought by persons that had not signed the agreement containing the arbitration provision, explaining: The Individual Defendants seek to compel arbitration… Read more »