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
On March 29, 2022, the First Department issued a decision in Fritschler v. Draper Mgt., LLC, 2022 NY Slip Op. 02087, holding that in an arbitration under the AAA rules, it is for the arbitrator, not the court, to decide whether a claim is covered by the agreement to arbitrate . . . Continue reading In Arbitration Under AAA Rules, Arbitrator Decides Whether a Claim is Arbitrable
On March 17, 2022, the Court of Appeals issued a decision in Revis v. Schwartz, 2022 NY Slip Op. 01867, holding that in an arbitration under the AAA rules, it is for the arbitrator, not the court, to determine whether a claim is subject to the agreement to arbitrate . . . Continue reading In Arbitration Under AAA Rules, Arbitrator Determines Whether a Claim is Arbitrable
On January 25, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of New York State Dept. of Health (Rusi Tech. Co., Ltd.), 2022 NY Slip Op. 50041(U), holding that when the dispute resolution provisions of the English and foreign language versions of an agreement conflict, there is no agreement to arbitrate . . . Continue reading When Dispute Resolution Provisions of English and Foreign Language Versions of Agreement Conflict, There is No Agreement to Arbitrate
On December 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2021 NY Slip Op. 32555(U), holding that the arbitrators’ choice of procedure during the pandemic did not justify vacating an arbitral award . . . Continue reading Court Refuses to Vacate Award Based on Arbitrators’ Choice of Procedure During Pandemic
On December 2, 2021, the First Department issued a decision in Flowcon, Inc. v. Andiva LLC, 2021 NY Slip Op. 06756, holding that in arbitration under the AAA rules, the decision on whether a claim is arbitrable is for the arbitrator, not the courts . . . Continue reading In Arbitration Under AAA Rules, Decision on Arbitrability is for the Arbitrator, not the Court
On November 18, 2021, the First Department issued a decision in Domp‚ Farmaceutici S.P.A. v. Lubris, LLC, 2021 NY Slip Op. 06440, holding that a lawsuit should have been stayed in favor of the determination of one claim by an expert . . . Continue reading Action Stayed So Claim Governed by Narrow Arbitration Agreement Can be Determined
On August 24, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Bromberg & Liebowitz v. O’Brien, 2021 NY Slip Op. 50813(U), holding that when an arbitration is governed by the AAA rules, questions of arbitrability are for the arbitrator to decide . . . Continue reading When Arbitration is Under AAA Rules, Questions of Arbitrability are for the Arbitrator to Decide
