Court Holds That Discovery Permissible in Proceeding to Vacate Arbitral Award, Although Denied on Current Application
Arbitration, Mediation and Other ADR / Commercial Case Notes

Court Holds That Discovery Permissible in Proceeding to Vacate Arbitral Award, Although Denied on Current Application

On March 2, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Shell NA LNG LLC v. Venture Global Calcasieu Pass, LLC, 2026 NY Slip Op. 30753(U), holding that discovery is available in a proceeding to vacate an arbitral award, although denying the application in this proceeding . . . Continue reading Court Holds That Discovery Permissible in Proceeding to Vacate Arbitral Award, Although Denied on Current Application

Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Res Judicata/Collateral Estoppel

Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

On January 13, 2026, the First Department issued a decision in Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 NY Slip Op. 00080, holding that a non-party to an arbitration was bound by the arbitration decision because they were in privity with a party to the arbitration . . . Continue reading Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract
Arbitration, Mediation and Other ADR / Commercial Case Notes

Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract

On December 2, 2025, Justice Bannon of the New York County issued a decision in Firmauto USA Inc. v. Walter Auto Loan Trust, 2025 NY Slip Op. 34670(U), holding that clickwrap agreement on the defendant’s website containing an agreement to arbitrate did not control over the dispute resolution terms of the parties’ written contract . . . Continue reading Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract

Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award
Arbitration, Mediation and Other ADR / Commercial Case Notes

Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award

On October 7, 2025, the First Department issued a decision in Matter of Cuomo v. JAMS, Inc., 2025 NY Slip Op. 05454, holding that an arbitrator’s prior representation of a party, without evidence of bias, was insufficient to justify vacating an award . . . Continue reading Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award

Court Grants Attachment in Support of Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Court Grants Attachment in Support of Arbitration

On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules
Arbitration, Mediation and Other ADR / Commercial Case Notes

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules

On March 27, 2025, the First Department entered a decision in Mouli v. Stern, 2025 NY Slip Op. 01872, holding that whether a dispute was subject to an agreement to arbitrate was for the arbitrator to decide under the AAA rules . . . Continue reading Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules

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