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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: December 24, 2019

Interlocutory Arbitral Awards Not Subject to Judicial Review

On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman, 2019 NY Slip Op. 08936, holding that interlocutory arbitral awards are not subject to judicial review, explaining:

The arbitrator’s orders were issued in connection with the sale process that followed the issuance of a partial final arbitral award. However, the orders are interlocutory and therefore not subject to judicial review. After the sale process has been concluded, when the properties have been sold and a final accounting rendered, petitioner may seek to vacate the final award.

(Internal citations omitted).

Commercial litigation involves more than courts. Disputes often are–by agreement–decided by private arbitrators. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have a question regarding a dispute that is subject to an arbitration agreement.

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