Posts Categorized: Arbitation, Mediation and Other ADR

Posted: September 29, 2018

Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met

On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSweet Co., 2018 NY Slip Op. 06331, holding that a motion court erred in vacating an arbitral award because the high standard for showing manifest disregard of the law had not been met, explaining: An award may be vacated... Read more »

Posted: September 23, 2018

Former LLC Manager’s Claims Regarding His Removal Must be Arbitrated

On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Milman v. Thrane, 2018 NY Slip Op. 32287(U), holding that the claims of the former manager of an LLC regarding his removal as manager must be arbitrated, explaining: This case concerns the alleged wrongful removal of plaintiff as a... Read more »

Posted: August 24, 2018

Court Refuses to Vacate Arbitral Award Despite Respondent’s Claim That She Did Not Receive Notice of Arbitration

On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Matter of New Brunswick Theological Seminary v. Van Dyke, 2018 NY Slip Op. 51204(U), refusing to vacate an arbitral award despite the respondent’s claim that she did not receive notice of the arbitration, explaining: An arbitration award will be... Read more »

Posted: July 10, 2018

Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision

On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle Corp., 2018 NY Slip Op. 04962, holding that employees who did not sign an agreement containing an arbitration provision nevertheless were entitled to enforce the provision, explaining: The individual defendants, who were officers or employees of Rockwood and did... Read more »

Posted: July 8, 2018

Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision

On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 NY Slip Op. 04774, holding that a fraud claim does not invalidate an arbitration provision unless the fraud relates to that provision, explaining: A party may not be compelled to arbitrate a dispute unless there is evidence... Read more »

Posted: June 2, 2018

Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause

On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Curtis v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 2018 NY Slip Op. 31011(U), holding that a plaintiff could not avoid the effect of an arbitration clause without showing that the clause, not just the contract in which... Read more »

Posted: May 25, 2018

Breach of Contract Action Barred by Contract’s Mandatory Mediation Provision

On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767, holding that a breach of contract claim was barred by a contract’s mandatory mediation provision, explaining: The motion court correctly dismissed the breach of contract cause of action, as under the plain language of the operating... Read more »

Posted: May 7, 2018

Failure to Use Contract’s Pre-Suit Dispute Resolution Process Dooms Claim

On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Systems, Inc., 2018 NY Slip Op. 03210, dismissing a claim for failure to use a pre-suit audit procedure, explaining: The claim that Toshiba under-reported and underpaid royalties under the parties’ license agreement was correctly dismissed because plaintiff failed... Read more »

Posted: May 5, 2018

Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators

On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Footprint Power Salem Harbor Development, L.P. v. Iberdrola Energy Products, Inc., 2018 NY Slip Op. 30794(U), denying a motion to stay an arbitration, ruling that under the arbitration agreement, it was for the arbitrators, not the court, to... Read more »

Posted: May 2, 2018

Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine

April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, holding that the question of whether the signature on an agreement containing an arbitration clause was forged was for the court, not an arbitrator, to determine, explaining: Where a party has applied for an order compelling arbitration,... Read more »