Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

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 § 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 »

Posted: May 19, 2019

Based on FINRA Rules, Court Declines to Order Class Action Arbitration

On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY Slip Op. 03833, reversing an order requiring class arbitration based on FINRA rules, explaining: The plaintiff . . . commenced this putative class action to recover damages for violations of Labor Law articles 6 and 19 on... Read more »

Posted: May 6, 2019

Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy

On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Selendy v. Quinn Emanuel Urquhart & Sullivan, LLP, 2019 NY Slip Op. 29119, holding that an arbitrator, not the court, should decide whether a contract provision was unenforceable as a matter of New York public policy, explaining: When determining... Read more »

Posted: April 19, 2019

Court Cannot Rule on Whether Dispute is Arbitrable When Agreement Explicitly Assigns That Task to the Arbitrator

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 »

Posted: April 14, 2019

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 »

Posted: February 16, 2019

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 »

Posted: January 29, 2019

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 »