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 »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
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 »
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 »
Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stairway Legacy Assets, L.P. v. McKenna Long & Aldridge, LLP, 2020 NY Slip Op. 32150(U), analyzing the timliness of a motion to confirm an arbitral award: CPLR § 7510 states that, the court shall confirm an award upon... Read more »
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 »
Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co. v. Corporation, 2020 NY Slip Op. 02529, holding that an arbitral panel could reconsider a partial award, explaining: In this case, AISLIC argues, and the Appellate Division held, that the arbitration panel exceeded its authority because it... Read more »
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 »
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 »
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 »
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 »