On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal Owner LLC v. Citiscape Bldrs. Group Inc., 2019 NY Slip Op. 08281, holding that whether a party that did not sign an arbitration agreement was bound by the agreement was a question for the court, not the... Read more »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v. Miratech, Inc., 2019 NY Slip Op. 07701, holding that a court may not vacate an arbitral award because the arbitrator erred in interpreting or applying the law, explaining: At issue is whether the arbitrator manifestly disregarded the... Read more »
Requiring Employees to View and Acknowledge Seeing Presentation on Mandatory Arbitration Does Not Create Binding Agreement to Arbitrate
On January 16, 2019, the Appellate Division of the Superior Court issued a decision in Skuse v, Pfizer, Inc., Docket No. A-3027-17T4, holding that requiring an employee to view and acknowledge seeing a presentation on mandatory arbitration was insufficient to create a binding agreement to arbitrate, explaining: We begin our forum analysis by recognizing the... Read more »
Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Broumand v. Abbot, 2019 NY Slip Op. 32938(U), holding that a broad arbitration clause covered claims arising in contract, quasi-contract and tort, explaining: The Federal Arbitration Act (FAA) applies because Broumand’s claims involve interstate commerce. Matters concerning companies’... Read more »
Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ USA, LLC v. United Rest. Group Intl. Inc., 2019 NY Slip Op. 32067(U), holding that a party waived its right to arbitrate by asserting claims in court, explaining: Li and Qifan contend that this litigation should be... Read more »
When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Suratwala v. Gandhi, 2019 NY Slip Op. 31859(U), holding that when there is a question regarding whether a party signed an agreement containing an arbitration clause, the question of arbitrability is for the court, not the arbitrator, to... Read more »
Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney’s Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Slip Op. 05341, holding that an arbitrator did not manifestly disreagard the law in awarding a prevailing party attorneys’ fees, explaining: We are mindful that courts possess very limited authority to review an arbitration award. Indeed,... Read more »
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 ยง 7511(b)(1)(iii), an arbitration award may be... Read more »
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 »
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 »