Posts Categorized: Arbitation, Mediation and Other ADR

Posted: May 3, 2015

No Summary Judgment Against Sureties Where There Were Questions of Fact Regarding Whether They Were Bound by Prior Proceeding

On April 21, 2015, the First Department issued a decision in Five Star Electric Corp. v. Federal Ins. Co., 2015 NY Slip Op. 03277, holding that a surety was not bound by an arbitral award. In Five Star Electric, the trial court granted the plaintiff partial summary judgment against “defendants-third party plaintiffs-co-sureties Federal Insurance Company... Read more »

Posted: April 20, 2015

Arbitrator Disqualified for Failing to Follow Court’s Direction

On April 16, 2015, the First Department issued a decision in Matter of Grynberg v. BP Exploration Operating Co. Ltd., 2015 NY Slip Op. 03268, affirming a trial court’s disqualification of an arbitrator. In Matter of Grynberg, the First Department on a prior appeal vacated the portion of [the arbitrator’s] award as to the claims... Read more »

Posted: April 14, 2015

Arbitral Award Vacated for Failure to Enforce Settlement Agreement

On April 9, 2015, the First Department issued a decision in Matter of Citigroup Global Markets, Inc. v. Fiorilla, 2015 NY Slip Op. 03056, affirming a decision vacating an arbitral award. In Matter of Citigroup Global Markets, the First Department affirmed a trial court order vacating an arbitral award, explaining: The motion court properly vacated... Read more »

Posted: March 16, 2015

Reminder: Upcoming Panel on the Pilot Mandatory Mediation Program in the New York County Commercial Division

This is a reminder that on April 9, 2015, the Commercial Division Sub-Committee of the NYSBA Commercial and Federal Litigation Section will host a panel on the pilot mandatory mediation program in New York County’s Commercial Division. In that program, 20 percent of Commercial Division cases will randomly be assigned to mediation upon filing of... Read more »

Posted: February 18, 2015

Non-Signatories Bound By Arbitration Provision in Contract That Was Signed By Their Agent And From Which They Received A Direct Benefit

On January 23, 2015, Justice Schmidt of the Kings County Commercial Division issued a decision in Oceana Home Owners Assoc., Inc. v. Statewide Disaster Restoration, Inc., 2015 NY Slip Op. 30073(U), ruling that non-signatories were bound by an arbitration provision in a contract that was signed by their agent, and from which they received a... Read more »

Posted: January 29, 2015

First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages

On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. v. Elementis Chromium LP, 2015 NY Slip Op. 00612, affirming the grant of a preliminary injunction prohibiting the termination of a distributorship agreement pending arbitration of the parties’ dispute. This post focuses on one aspect of the Rockwood... Read more »

Posted: January 26, 2015

Client Q&A: The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit?

The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit? By John M. Lundin In the past several decades, it has become increasingly common that business- and consumer-related contracts provide that a dispute over the contract has to be decided by one or more arbitrators–private persons chosen by the... Read more »

Posted: December 18, 2014

Court May not Review Arbitrator’s Interim Discovery Orders

On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op. 08732, holding that a trial court could not review discovery rulings made by arbitrators. In Kramer, the plaintiff sought a discovery order from a court in connection with an arbitration. The First Department affirmed the trial court’s... Read more »

Posted: December 2, 2014

Arbitration Provision in One Agreement Found to Apply to Second, Related Agreement

On November 25, 2014, Justice Ritholtz of the Queens County Commercial Division issued a decision in Astoria Equities 200 LLC v. Halletts A Dev. Co., LLC, 2014 NY Slip Op. 24364, broadly interpreting an arbitration clause. In Astoria Equities 200 LLC, the parties’ dispute related to the development of commercial real estate. The parties agreed... Read more »