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 »
Blogs
Posts Categorized: Arbitation, Mediation and Other ADR
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »