Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself
Arbitration, Mediation and Other ADR / Commercial Case Notes

Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself

On February 14, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Winrich v. Makes, 2025 NY Slip Op. 30541(U), holding that a fraud claim is insufficient to make an arbitration agreement unenforceable, unless the fraud relates to the arbitration agreement itself . . . Continue reading Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself

Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision
Arbitration, Mediation and Other ADR / Commercial Case Notes

Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Selim 730 LLC v. SHVO 730 LLC, 2024 NY Slip Op. 34292(U), holding that fraudulent inducement allegations were insufficient to overcome an agreement’s arbitration clause then the alleged fraud di not relate to the arbitration provision . . . Continue reading Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator
Arbitration, Mediation and Other ADR / Commercial Case Notes

Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

On November 25, 2024, the Court of Appeals issued a decision in Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869, holding that whether a click-wrap agreement subjecting a claim already being litigated to arbitration is unenforceable is a question for the arbitrator . . . Continue reading Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding
Arbitration, Mediation and Other ADR / Commercial Case Notes

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

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

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration

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

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
Arbitration, Mediation and Other ADR / Commercial Case Notes

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

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

Decision of Whether Contract is Void as Usurious Was For Arbitrator, Not Court
Arbitration, Mediation and Other ADR / Commercial Case Notes

Decision of Whether Contract is Void as Usurious Was For Arbitrator, Not Court

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