Court Sends Case to Arbitration Under Broad Arbitration Clause
- Aug 12 2024
By: Jeffrey M. Haber As readers of this Blog know, New York has a “long and strong public policy favoring arbitration … as a means of conserving the time and …
Category: Arbitrability
Federal Preemption: The FAA Trumps GBL 399-c’s Prohibition of Mandatory Arbitration Agreements
- Apr 13 2022
By: Jeffrey M. Haber Mandatory arbitration has been around for a long time. It is a mechanism used by, among others, businesses to require consumers to arbitrate their disputes rather …
Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
- Mar 30 2022
By: Jeffrey M. Haber Generally, whether a claim is subject to arbitration is a decision for the court, not the arbitrator. However, the U.S. Supreme Court has held that “parties …
Who Decides Arbitrability? It Depends on The Agreement
- Sep 1 2021
By Jeffrey M. Haber Generally, whether a claim is subject to arbitration is a decision for the court, not the arbitrator.1 Notwithstanding, the U.S. Supreme Court has held that “parties …
Who Decides “Gateway” Issues of Arbitrability? The Second Department Weighs In
- Jan 4 2021
When parties to a contract delegate the question of arbitrability to an arbitrator, the courts will enforce the agreement as written. They may not, without more, decide the arbitrability issue. …
Court Denies Petition to Stay Arbitration of Claims Between Shareholders of a Closely Held Corporation
- Sep 7 2020
Alternative dispute resolution (“ADR”) is the name given for the procedures by which parties can settle their disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are generally, …
Who Decides Whether A Binding Agreement to Arbitrate Exists? First Department Tackles This Threshold Question
- Nov 16 2019
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Party’s Pursuit of Remedies in Court Did Not Evidence an Intent to Abandon the Right to Arbitrate Claims
- Jan 23 2019
Questions of arbitrability and waiver are often litigated by parties to a contract containing an agreement to arbitrate disputes arising thereunder. In the Matter of New Roots Charter School v. …
