Posts Categorized: Arbitation, Mediation and Other ADR

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 »

Posted: April 30, 2018

Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party’s Fact Witness and Was Under Indictment

On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v. QBE Holdings, Inc., 2018 NY Slip Op. 02878, affirming the dismissal of an arbitral award for failure to disclose that an arbitrator was a party’s fact witness and was under indictment, explaining: Defendants’ failure to disclose to the arbitrator... Read more »

Posted: April 24, 2018

Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit

On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, 2018 NY Slip Op. 02582, holding that the plaintiffs in a lawsuit had waived their right to arbitrate their dispute by bringing the lawsuit, explaining: Plaintiffs commenced this action upon an alleged oral agreement entered into in October... Read more »

Posted: March 18, 2018

Specific Forum Selection Clause in Broker’s Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4

On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 NY Slip Op. 30368(U), holding that a forum selection clause in a broker’s employment contract was not superseded by an arbitration clause in a later-signed Form U-4, explaining: The... Read more »

Posted: March 3, 2018

Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract’s Jury Waiver

On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2018 NY Slip Op. 01294, affirming the dismissal of a jury demand, explaining: The court properly granted the motion to strike plaintiffs’ demand for a jury trial. While a party alleging fraudulent inducement that... Read more »

Posted: January 14, 2018

Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement

On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in Huntsman Intl., LLC v. Albemarle Corp., 2018 NY Slip Op. 30014(U), granting a motion to compel arbitration brought by persons that had not signed the agreement containing the arbitration provision, explaining: The Individual Defendants seek to compel arbitration... Read more »

Posted: January 6, 2018

No Improper Influence; Arbitrator’s Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed

On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. v. Desarrolladora Farallon S. De R.L. De C.V., 2018 NY Slip Op. 00031, refusing to vacate an arbitral award on the grounds of undue influence, explaining: “The record does not support respondent’s contention that the arbitration... Read more »

Posted: December 17, 2017

Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing

On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision in 1414 Holdings, LLC v. BMS-PSO, LLC, 2017 NY Slip Op. 32551(U), holding that a party that agreed that an arbitrator did not have to hold a hearing cannot get that arbitrator’s award vacated for failure to hold a... Read more »

Posted: November 3, 2017

Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration

On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY Slip Op. 07160, holding that the arbitrability of a dispute should be determined by the arbitrator where “the terms of the parties’ final agreements . . . incorporated the rules of the London Court of International... Read more »