On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so . . . Continue reading Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not
On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal . . . Continue reading If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal
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
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
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
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
On September 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fendt v. AFF-PSA Bronx-9D, Inc., 2025 NY Slip Op. 33587(U), enforcing a stipulation to arbitrate . . . Continue reading Court Enforces Stipulation to Arbitrate
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
On June 17, 2025, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 03659, holding that a confidential mediation statement was not subject to discovery on relevance grounds . . . Continue reading Mediation Statement Not Subject to Discovery on Relevance Grounds
On April 17, 2025, the First Department issued a decision in Soloway v. CIM Group, LLC, 2025 NY Slip Op. 02285, allowing a party that did not sign an agreement to arbitrate to enforce the arbitration provision . . . Continue reading Party That Did Not Sign Agreement to Arbitrate Allowed to Enforce the Provision Against a Signatory
