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 refusal to provide the requested relief, explaining:
In exceptional circumstances, pre-hearing discovery pursuant to CPLR 3102(c) may be ordered after the demand for arbitration has been made. However, a court may not review the interim orders of an arbitrator. Thus, judicial review of procedural rulings made in this arbitration administered by the American Arbitration Association is barred.
(Internal citations omitted) (emphasis added).