Blogs

Posts Categorized: Arbitation, Mediation and Other ADR

Posted: November 27, 2018

Schlam Stone Announces the Launch of the Same-Day Justice Program

Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and... Read more »

Posted: November 27, 2018

Schlam Stone Announces the Launch of the Same-Day Justice Program

Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and... Read more »

Posted: November 1, 2018

Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation

On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in KPMG LLP v. Kirschner, 2018 NY Slip Op. 32661(U), holding that a plaintiff cannot bring a proceeding to compel arbitration until the defendant begins litigation, explaining: CPLR § 7503(a) provides: A party aggrieved by the failure of another... Read more »

Posted: October 31, 2018

Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims

On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 32562(U), sanctioning a litigant for seeking to arbitrate previously-litigated claims, explaining: It is well settled that the right to arbitration may be modified, waived or abandoned. The question of whether parties waived their right to arbitrate by their litigation-related... Read more »

Posted: October 26, 2018

Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law

On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in NSB Advisors, LLC v. C.L. King & Assoc., Inc., 2018 NY Slip Op. 32533(U), refusing to vacate an arbitral award for manifest disregard of the law, explaining: It is well settled that judicial review of arbitration awards is extremely limited.... Read more »

Posted: October 16, 2018

Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement

On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 NY Slip Op. 06485, holding that an arbitration provision in a later-signed Form U-4 supersedes the dispute resolution provision in an earlier-signed employment agreement, explaining: This dispute is governed by state contract law principles. The first... Read more »

Posted: October 9, 2018

Party Bound by Arbitration Provision Despite Its Lack of Conspicuousness

On September 18, 2018, Judge Mega of the Union County Superior Court (Law Division) issued a decision in Brothers General Construction & Painting, LLC v. Tocci Building Corporation, Inc., Docket No. UNN-L-941-18, holding that a party was bound by an arbitration provision despite its lack of conspicuousness, explaining: The strong public policy of this State... Read more »

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 »