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
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
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
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
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
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
