Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: July 29, 2020

Court Upholds Arbitrator’s Sanctions Award

On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Vitra, Inc. v. Ninety-Five Madison Co., L.P., 2020 NY Slip Op. 32389(U), confirming an arbitrator’s award of sanctions, explaining: In motion sequence six, Ninety-Five Madison moves to vacate the Second Partial Final Award and August 2019 Order. Leading... Read more »

Posted: July 21, 2020

Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process

On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Locascio v. Hobbs, Inc., 2020 NY Slip Op. 32226(U), granting a petition to stay an arbitration because of the claimant’s failure to use a mandatory pre-arbitration dispute resolution process, explaining: [Petitioner} correctly points out that a condition precedent... Read more »

Posted: July 14, 2020

Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision

On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TCR Sports Broadcasting Holding, LLP v. WN Partner LLC, 2019 NY Slip Op. 52186(U), refusing to vacate an arbitral decision based on alleged errors in applying the law, explaining: Finally, the Orioles’ argument that the RSDC exceeded its... Read more »

Posted: June 22, 2020

Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims

On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 2004 Parker Family LP v. BDO USA LLP, 2020 NY Slip Op. 50614(U), holding that non-signatories were bound by an arbitration provision in a contract upon which they had relied in asserting claims, explaining: As the First Department... Read more »

Posted: April 27, 2020

Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute

On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Dompe Farmaceutici S.P.A. v Lubris, LLC, 2020 NY Slip Op. 30934(U), holding that a party did not waive its contractual alternative dispute resolution right to have an expert resolve its dispute by moving to dismiss a lawsuit, explaining:... Read more »

Posted: April 18, 2020

Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute

On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 NY Slip Op. 02286, holding that a party that did not sign an agreement containing an arbitration provision was not required to arbitrate a dispute arising from that agreement, explaining: The parties agree that the issue of... Read more »

Posted: February 8, 2020

Claimant Did Not Waive Arbitration Provision By Bringing An Action But Dismissing it Less Than a Month Later

On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Alayev v. Hardoon, 2020 NY Slip Op. 30139(U), holding that a claimant did not waive an arbitration provision by bringing an action but dismissing it less than a month later, explaining: On May 13, 2019, Mr. Alayev commenced... Read more »

Posted: January 6, 2020

PRESUMPTIVE ADR IN NEW YORK COURTS

The information below is from the City Bar Association regarding a program on the Chief Judge’s presumptive ADR initiative. Wednesday, January 22, 2020 | 6:00 p.m. – 8:00 p.m. Program Fee: There is no fee for this event. Please register here. Description: Administrative Judges and key Administrators will discuss the ongoing implementation of the Chief... Read more »