On March 26, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in SM Sydell Hotels LLC v. Yucaipa U.S. Hospitality Partners Holdings, Inc., 2019 NY Slip Op. 30918(U), holding that a court cannot rule on whether a dispute is arbitrable when an agreement explicitly assigns that task to the arbitrator, explaining:... Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
First Department Affirms Order Remanding Arbitration to New Arbitrator
On April 11, 2019, the First Department issued a decision in Policy Admin. Solutions, Inc. v. QBE Holdings, Inc., 2019 NY Slip Op. 02818, affirming a lower court decision to remand an arbitration to a different arbitrator, explaining: “The court providently exercised its discretion in clarifying that the original arbitrator was not to hear the... Read more »
Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in H. Roske & Assoc., Llp v Burghart, 2019 NY Slip Op 30479(U), holding that parties that did not sign an agreement to arbitrate are not required to arbitrate a dispute, explaining: A party may not be compelled to arbitrate... Read more »
Prompt Payment Act’s Arbitration Provisions Make Contract’s Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Dakota, Inc. v. Nicholson & Galloway, Inc., 2019 NY Slip Op. 30270(U), enforcing the Prompt Payment Act’s provisions making agreements to resolve disputes by litigation rather than arbitration unenforceable, explaining: Here, the plain language of the PPA makes void and... Read more »
Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Petrides & Co. LLC v. Yorktown Partners LLC, 2019 NY Slip Op. 30157(U), holding that a party that benefits from a contract iwth an arbitration provision was bound by that provision even though he did not sign the contract,... Read more »
Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision in OCS Dev. Group, LLC v. Midtown Four Stones LLC, 2019 NY Slip Op. 30129(U), holding that the right to arbitrate was waived by beginning a lawsuit rather than moving to compel arbitration, explaining: At the outset, there is no contractual... Read more »
Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Kahan Jewelry Corp. v. First Class Trading, L.P., 2019 NY Slip Op. 30039(U), rejecting a defense that an arbitration agreement was signed under duress, explaining: It is well settled that repudiation of an agreement on the ground that it... Read more »
Court Refuses to Vacate Arbitral Award for Arbitrator Bias
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 »
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 »