On March 8, 2024, Justice Crane of the New York County Commercial Division issued a decision in Slifka v. Slifka, 2024 NY Slip Op. 30753(U), holding that a lack of standing is not a basis for staying an arbitration . . . Continue reading Lack of Standing is not Basis for Staying Arbitration
On October 24, 2023, the First Department issued a decision in Gilat v. Sutton, 2023 NY Slip Op. 05363, holding that a party was not bound by an agreement’s arbitration provision when it did not make claims under it . . . Continue reading Party Not Bound by Agreement’s Arbitration Provision When it Did Not Make Claims Under it
On September 7, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Chablaney v. Gemini Trust Co., LLC, 2023 NY Slip Op. 33127(U), holding that plaintiffs were bound by the terms of an online user agreement containing an arbitration provision . . . Continue reading Plaintiffs Bound by Arbitration Provision Added to Online User Agreement
On June 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2023 NY Slip Op. 32097(U), holding that a party’s participation in an arbitration by selecting an arbitrator waived its objection to it . . . Continue reading Party’s Participation in Arbitrator Selection Waived Objections to It
On June 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Panzer v. Epstein, 2023 NY Slip Op. 32099(U), holding that arbitrators’ decision not to grant a requested adjournment was not grounds for vacating an arbitral award . . . Continue reading Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award
On June 13, 2023, the First Department issued a decision in Republic of Kazakhstan v. Chapman, 2023 NY Slip Op. 03211, holding that an arbitral award could not be challenged in court based on newly-discovered evidence . . . Continue reading Arbitral Awards Cannot Be Challenged in Court Based on New Evidence
On May 17, 2023, the Second Department issued a decision in EW Studio, Inc. v. AT&T Mobility, LLC, 2023 NY Slip Op. 02646, holding that when an arbitration is dismissed on procedural grounds, a court must decide the dispute . . . Continue reading When Arbitration is Dismissed on Procedural Grounds, Court Must Decide Dispute
On May 17, 2023, the Second Department issued a decision in Matter of Mirzakandov v. Mazal U Bracha, LLC, 2023 NY Slip Op. 02663, holding that a court must determine whether a party agreed to be bound by an agreement to arbitrate . . . Continue reading Court Must Determine Whether a Party Agreed to be Bound by an Agreement to Arbitrate
On May 2, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op. 31479(U), holding that the question of the authority of the person who signed an agreement on behalf of a medical practice is, under the AAA rules, for the arbitrator to determine . . . Continue reading Question of Whether Signer Had Authority to Sign on Behalf of Medical Practice is, Under AAA Rules, for Arbitrator to Determine
On April 11, 2023, the First Department issued a decision in Matter of Hurley v. EB Safe, LLC, 2023 NY Slip Op. 01864, holding that errors of law and fact are not within the scope of judicial review of an arbitral award . . . Continue reading Errors of Law and Fact Not Within Scope of Judicial Review of Arbitral Award
