Posts Categorized: Arbitation, Mediation and Other ADR

Posted: June 27, 2021

Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability

On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. PricewaterhouseCoopers LLP, 2021 NY Slip Op. 03929, holding that where an arbitration provision is broad, it is for the arbitrator, not the court, to determine arbitrability, explaining: Where, as here, the parties have a broad arbitration clause and the... Read more »

Posted: June 26, 2021

Award Vacated Because it was Issued After the Deadline Set by the Parties

On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Papakonstadinou v. Sparakis, 2021 NY Slip Op. 50543(U), vacating an arbitral award because is was issued after the deadline set by the parties, explaining: CPLR 7507 requires the arbitrator’s award to be issued within the time fixed... Read more »

Posted: June 23, 2021

Agents for a Partially-Disclosed Principal Bound by Agreement’s Arbitration Provision

On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narravula v. Perosphere Tech., Inc., 2021 NY Slip Op. 50510(U), holding that agents for a partially-disclosed principal were bound by an agreement’s arbitration provision, explaining: Finally, respondents argue that petitioners are bound to the SPA in their personal capacity... Read more »

Posted: June 19, 2021

Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators

On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ashland Global Holdings, Inc. v. Speedway LLC, 2021 NY Slip Op. 31899(U), holding that a broadly-worded arbitration provision leaves the decision on whether a claim is arbitrable to the arbitrators, explaining: In light of the above facts and... Read more »

Posted: June 12, 2021

Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute

On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP v. World Class Capital Group, LLC, 2021 NY Slip Op. 03252, holding that the alleged failure to have a written engagement letter was an insufficient basis to vacate an abritral award in a legal fee dispute, explaining:... Read more »

Posted: May 13, 2021

Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory

On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 2021 NY Slip Op. 02737, holding that the nonsignatory of an agreement containing an arbitration clause could compel arbitration because of its close relationship to signatory, explaining: Respondent Signac Investments Ltd., although a nonsignatory to the agreement... Read more »

Posted: May 11, 2021

When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable

On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Metropolitan Transp. Auth. v. Westfield Fulton Ctr., LLC, 2021 NY Slip Op. 31367(U), holding that when parties agree only to a narrow agreement to AAA arbitration, it is for the court, not the AAA, to decide if a... Read more »

Posted: May 8, 2021

Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award

On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02686, holding that the great deference afforded arbitral awards mandated the refusal to vacate an award, explaining: Courts are bound by an arbitrator’s factual findings, and a court may not examine the merits of an arbitration award... Read more »

Posted: April 25, 2021

Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue

On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner LLP, 2021 NY Slip Op. 02227, holding that nonarbitrable issues can be decided in an arbitration when they are inextricably intertwined with an arbitrable issue, explaining: Where there is no substantial question whether a valid agreement to arbitrate... Read more »

Posted: April 22, 2021

Court Soundly Rejects Attempt to Disqualify Arbitrators

On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Huntsman Intl., LLC v. Albemarle Corp., 2021 NY Slip Op. 31073(U), soundly rejecting an attempt to disqualify arbitrators. She wrote: Under AAA rules, ARC decides conflict issues. Here, Albemarle fails to identify any AAA rule that barred Cavanaugh... Read more »