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
