Category: Arbitration, Mediation and Other ADR

On August 24, 2022, Justice Chan of the New York County Commercial Division issued a decision in Allyance Media Group, Inc. v. Acker Family 2016 Gift Trust, 2022 NY Slip Op. 32888(U), holding that correspondence with JAMS challenging its authority to arbitrate did not constitute a waiver of the right to stay the arbitration . . . Continue reading Communicating with Arbitrator to Challenge Obligation to Arbitrate Did Not Waive Right to Seek a Stay of the Arbitration

On June 24, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Hines v. Azoth Inv. SPC Ltd., 2022 NY Slip Op. 32025(U), holding that where an agreement to arbitrate is subject to the AAA rules, the question of arbitrability is for the arbitrators, not the court . . . Continue reading Where Agreement to Arbitrate is Made Subject to the AAA Rules, the Question of Arbitrability is for the Arbitrators, not the Court

On June 21, 2022, Justice Cohen of the New York County Commercial Division issued a decision in BD Capital Partners Ltd. v. EBIX, Inc., 2022 NY Slip Op. 31951(U), dismissing a complaint for failure to observe a contract’s dispute resolution procedures . . . Continue reading Complaint Dismissed for Failure to Observe Contract’s Dispute Resolution Procedures

On May 16, 2022, Justice Emerson of Suffolk County Commercial Division issued a decision in West Rac Contr. Corp. v. Huntington Vil. Hotel Partners, LLC, 2022 NY Slip Op. 22154, holding that enforcing a mechanic’s lien does not waive the right to arbitrate . . . Continue reading Enforcing Mechanic’s Lien Does Not Waive Right to Arbitrate

On May 11, 2022, the Second Department issued a decision in Rubinstein v. C & A Mktg., Inc., 2022 NY Slip Op. 03136, holding that parties are not required to arbitrate a dispute unless they unequivocally have agreed to do so . . . Continue reading Parties Not Required to Arbitrate if Agreement to Arbitrate Does Not Unequivocally Establish An Agreement to Do So

On April 1, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Network-1 Tech., Inc. v. Netgear, Inc., 2022 NY Slip Op. 31081(U), holding that an agreement that gave the parties the option of arbitrating their dispute did not require the parties to arbitrate . . . Continue reading Agreement Granting Option to Arbitrate Does Not Require Parties to Arbitrate

On April 13, 2022, the Second Department issued a decision in Matter of Paluch v. Kohn, 2022 NY Slip Op. 02416, affirming the vacatur of an arbitral award because of the arbitrator’s ex parte communications . . . Continue reading Arbitral Award Vacated Due to Arbitrator’s Ex Parte Communications

On April 8, 2022, Justice Walsh of the Westchester County Commercial Division issued a decision in, Lobel v. CCAP Auto Lease, Ltd., 2022 NY Slip Op. 50256(U), holding that the FAA preempts the contrary GBL provision exempting consumer transactions from the reach of mandatory arbitration clauses . . . . Continue reading FAA Preempts GBL Provision Exempting Consumer Transactions from Mandatory Arbitration

On March 16, 2022, the Second Department issued a decision in Matter of Northeast & Cent. Contrs., Inc. v. Quanto Capital, LLC, 2022 NY Slip Op. 01791, staying an arbitration because there was no agreement to arbitrate . . . Continue reading Arbitration Stayed Because of Absence of a Vaild Agreement to Arbitrate