On July 15, 2024, Justice Patel of the New York County Commercial Division issued a decision in Country-Wide Ins. Co. v. Quick Docs Med. PLLC, 2024 NY Slip Op. 32499(U), vacating an arbitral award for prior court decision resolving the same dispute . . . Continue reading Arbitral Award Vacated for Conflicting With Prior Court Decision Relating to Dispute
On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Royalty Coffee Beans LLC v. H&H Coffee Group Export Corp., 2024 NY Slip Op. 32016(U), holding that an arbitral award was not indefinite simply because it did not explain its reasoning . . . Continue reading Arbitral Award Not Indefinite Simply Because it Does Not Explain Reasoning for Decision
On April 24, 2024, Justice Doyle of the Monroe County Commercial Division issued a decision in Matter of Investcloud Inc. v. Siegal, 2024 NY Slip Op. 50469(U), holding that the decision to allow non-party pre-hearing discovery is for the arbitrator, not a court . . . Continue reading Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court
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
