Category: Arbitration, Mediation and Other ADR

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

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