On October 7, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Ironmen Holdings, LLC v. Nieporte, 2024 NY Slip Op. 33743(U), holding that a dispute over compliance with an agreement to arbitrate must be brought as an Article 75 proceeding . . . Continue reading Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding
On October 24, 2024, the First Department issued a decision in Matter of Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2024 NY Slip Op. 05278, holding that a party waives the right to challenge an agreement to arbitrate by participating in the arbitration . . . Continue reading Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration
On October 3, 2024, the First Department issued a decision in Matter of Michalow v. D.E. Shaw & Co., L.P., 2024 NY Slip Op. 04819, holding that a legal error was an insufficient basis for vacating an arbitral award . . . Continue reading Legal Error Insufficient Basis for Vacating Arbitral Award
In September 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2024 NY Slip Op. 33322(U), refusing to recognize a mediation privilege . . . Continue reading Court Refuses to Recognize Mediation Privilege
On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Vaidya v. Itria Ventures LLC, 2024 NY Slip Op. 32709(U), holding that the decision of whether a contract was void because it was usurious was for the arbitrator, not the court . . . Continue reading Decision of Whether Contract is Void as Usurious Was For Arbitrator, Not Court
On July 23, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gold v. Freeway Carriers Inc., 2024 NY Slip Op. 32551(U), dismissing a motion to confirm an arbitral award for failure to bring it within one year . . . Continue reading Motion to Confirm Arbitral Award Dismissed for Failure to Move Within One Year
On July 15, 2024, Justice Patel of the New York County Commercial Division issued a decision in Country-Wide Ins. Co. v. Quick Docs Med. PLLC, 2024 NY Slip Op. 32499(U), vacating an arbitral award for prior court decision resolving the same dispute . . . Continue reading Arbitral Award Vacated for Conflicting With Prior Court Decision Relating to Dispute
On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Royalty Coffee Beans LLC v. H&H Coffee Group Export Corp., 2024 NY Slip Op. 32016(U), holding that an arbitral award was not indefinite simply because it did not explain its reasoning . . . Continue reading Arbitral Award Not Indefinite Simply Because it Does Not Explain Reasoning for Decision
On April 24, 2024, Justice Doyle of the Monroe County Commercial Division issued a decision in Matter of Investcloud Inc. v. Siegal, 2024 NY Slip Op. 50469(U), holding that the decision to allow non-party pre-hearing discovery is for the arbitrator, not a court . . . Continue reading Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court
