Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: February 13, 2021

Broker’s Dispute Not Covered by FINRA Arbitration Rules

On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. (Ams.) Inc., 2021 NY Slip Op. 00616, holding that a broker’s dispute was not covered by FINA’s arbitration rules, explaining: The parties’ arbitration agreement does not obligate respondent to submit to arbitration of its dispute with petitioner... Read more »

Posted: February 7, 2021

Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien

On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Flowcon, Inc. v. Andiva LLC, 2021 NY Slip Op. 30294(U), refusing to enforce an arbitration provision regarding the amount of a mechanics lien, explaining: [T]he issues before the Court are (1) whether the Court or an arbitrator must... Read more »

Posted: January 24, 2021

Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate

On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104, holding that parties that did not sign or benefit from an agreement containing an arbitration provision is not required to arbitrate, explaining: As the arbitration provisions at issue do not clearly and unequivocally provide that questions... Read more »

Posted: January 1, 2021

Non-Signatories Not Bound by Agreement’s Arbitration Provision

On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Euro Pac. Capital, Inc. v. Fat Brands, Inc., 2020 NY Slip Op. 34217(U), holding that non-signatories were not bound by an agreement’s arbitration clause, explaining: Pursuant to CPLR § 7503(b), a stay of arbitration may be granted on... Read more »

Posted: December 28, 2020

Parties Bound by Agreement to Beth Din Arbitration

On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Fein v. Berger, 2020 NY Slip Op. 34148(U), holding that litigants were required to arbitrate their dispute before a Beth Din, explaining: The parties dispute whether arbitration of disputes before the Beth Din is mandatory or merely permissive.... Read more »

Posted: December 27, 2020

FINRA Rules Held to Create Obligation to Arbitrate

On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision in TD Ameritrade, Inc. v. Purshe Kaplan Sterling Invs., Inc., 2020 NY Slip Op. 34120(U), holding that the FINRA rules constituted an agreement to arbitrate, explaining: Under the FAA, arbitration is contractual by nature—a party cannot be required to... Read more »

Posted: November 24, 2020

Mere Guarantor Bound by Agreement’s Arbitration Clause

On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Brooklyn 14 Park Slope Platinum, LLC, 2020 NY Slip Op. 06387, holding that a mere guarantor was bound by an agreement’s arbitration clause, explaining: Petitioner signed a joint venture agreement containing an arbitration clause in his representative capacity only... Read more »

Posted: October 27, 2020

Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded

On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in CPI Aerostructures, Inc. v. Air Indus. Group, 2020 NY Slip Op. 33249(U), holding that a motion for relief under Article 76 cannot be made in an earlier action that has been concluded, explaining: In the notice of motion... Read more »

Posted: October 25, 2020

Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction

On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 NY Slip Op. 33358(U), holding that a party cannot participate in an arbitration without challenging its jurisdiction in court and later seek to vacate an award based on lack of... Read more »

Posted: October 10, 2020

When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable

On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Lamorna Invs. Ltd. S.A. v. MG Capital Mgt. Residential Fund III L.P., 2020 NY Slip Op. 33162(U), holding that when an arbitration is governed by the ICC rules, it is for the arbitrator, not the court, to decide... Read more »