Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: May 11, 2021

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 claim is arbitrable . . .


Posted: May 10, 2021

Questions of Fact Preclude Dismissal of Claims Against Indenture Trustee, Rejecting Argument That its Duties Were Merely Ministerial

On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmington Trust, N.A., 2021 NY Slip Op. 02355, holding that questions of fact precluded dismissal of claims against an indenture trustee, rejecting the argument that the trustee’s duties were merely ministerial . . .


Posted: May 3, 2021

Forum Selection Clause Not Incorporated into Contract When Contract Only Refers to, But Does Not Expressly Incorporate the Terms of, The Agreement Containing the Forum Selection Clause

On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-Systems Corp. v. Mountain Am. Fed. Credit Union, 2021 NY Slip Op. 31393(U), holding that a forum selection clause was not incorporated into a contract when the contract only referred to the agreement containing the forum selection clause, not to the agreement’s forum selection provisions . . .