On January 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Matter of Elkay Plastics Co., Inc. v. Astzen Group LLC, 2023 NY Slip Op. 30162(U), holding that an arbitrator had the authority to award attorneys’ fees as a discovery sanction . . . Continue reading Arbitrator Could Award Attorneys’ Fees as a Discovery Sanction
On December 29, 2022, the First Department issued a decision in Matter of Dentons US LLP v. Zhang, 2022 NY Slip Op. 07498, holding that whether a law firm partner was an employee for the purposes of Section 925 of the California Labor Code, which limits out-of-state arbitrations, was a question for the arbitrator to decide . . . Continue reading Whether Law Firm Partner was an Employee That Could Avoid Arbitration Outside California Question for Arbitrator to Decide
On December 21, 2022, the Second Department issued a decision in CRC Ins. Servs., Inc. v. Kullman, 2022 NY Slip Op. 07216, holding that a plaintiff waived the right to demand arbitration by bringing a lawsuit . . . Continue reading Plaintiff Waived Right to Demand Arbitration by Bringing Lawsuit
On December 8, 2022, the First Department issued a decision in Matter of Pearl Capital Bus. Funding, LLC v. Berkovitch, 2022 NY Slip Op. 07003, holding that even though an arbitral award might have allowed businesses to retain part of a law firm’s fees, the award should not be vacated because it violated public policy . . . Continue reading Arbitral Award That Might Have Allowed Businesses to Retain Some a Law Firm’s Legal Fees Not Subject to Being Vacated as a Matter of Public Policy
On December 6, 2022, the First Department issued a decision in Matter of Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2022 NY Slip Op. 06895, holding that an arbitrator’s denial of adjournments was an insufficient basis for vacating an arbitral award . . . Continue reading Arbitrator’s Denial of Adjournments Insufficient Basis for Vacating Award
On November 14, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Alma Mgt. PTE Ltd v. Shepard Towers LLC, 2022 NY Slip Op. 34036(U), holding that plaintiffs who were relying upon an agreement were bound by the agreement’s arbitration provision . . . Continue reading Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions
On November 21, 2022, Justice Jamieson of the Westchester County Supreme Court issued a decision in Mullins v. Crowley, 2022 NY Slip Op. 33932(U), holding that a petitioner had failed to meet the high burden required to vacate an arbitral award . . . Continue reading Petitioner Fails to Meet High Burden to Vacate Arbitral Award
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 July 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Go v. Marto Capital LLC, 2022 NY Slip Op. 32127(U), holding that statutory post-award pre-judgment interest on an arbitral award is available only from the date for payment listed in the award . . . Continue reading Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award
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
