On March 17, 2022, the Court of Appeals issued a decision in Revis v. Schwartz, 2022 NY Slip Op. 01867, holding that in an arbitration under the AAA rules, it is for the arbitrator, not the court, to determine whether a claim is subject to the agreement to arbitrate, explaining:
The order of the Appellate Division should be affirmed, with costs. Based on the allegations in the complaint, alleging intertwined claims of breach of fiduciary duty, unjust enrichment, and equitable fraud and seeking rescission of all the parties’ agreements plus damages and disgorgement of fees arising therefrom, the Appellate Division properly concluded that the gateway questions of arbitrability should be resolved by the arbitrator.
(Internal citations omitted).