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
On April 11, 2023, the First Department issued a decision in Matter of Vornado 330 W. 34th St., L.L.C. v. 330 W. 34th SPE LLC, 2023 NY Slip Op. 01879, holding that a party had waived the right to challenge an arbitrator for bias . . . . Continue reading Party Waives Right to Challenge Arbitrator for Bias
On March 28, 2023, Justice Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. The Olb Group, Inc., 2023 NY Slip Op. 30968(U), holding that even though an agreement referred to arbitration, it did not require the parties to arbitrate except in limited circumstances . . . Continue reading Despite Referring to Arbitration, Agreement Did Not Require Parties to Arbitrate Except in Limited Circumstances
On March 17, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2023 NY Slip Op. 50205(U), holding that a plaintiff waived its right to demand arbitration by litigating . . . Continue reading Plaintiff Waived Right to Demand Arbitration by Litigating
On January 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gowanus Park LLC v. KSK Constr. Group LLC, 2023 NY Slip Op. 30253(U), holding that a fraudulent inducement claim that was unrelated to a contract’s arbitration provision was insufficient to avoid the requirement to arbitrate pursuance to that provision . . . Continue reading Fraudulent Inducement Claim Insufficient to Avoid Arbitration
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
