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: Arbitration Agreement
Rideshare Scrollwrap Agreement Sufficient To Compel Arbitration of Plaintiff’s Personal Injury Claims
- Jul 24 2024
By: Jeffrey M. Haber In the world of e-commerce, a person cannot buy something online, subscribe to a service, or join a club or organization without agreeing to the provider’s …
When An Arbitration Provision Governs, Should a Court Sua Sponte Direct The Parties To Arbitrate? The Second Department Says No
- Feb 21 2023
By: Jeffrey M. Haber 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 …
Arbitration: There are Exceptions to Every Rule
- Aug 24 2022
By: Jeffrey M. Haber New York “favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties”.1 Under the Federal Arbitration …
The Arbitrator, Not The Court, Decides Questions of Contract Validity
- Jul 20 2022
By: Jeffrey M. Haber It is well-settled that the arbitration provisions of the Civil Practice Law and Rules (CPLR § 7501 et seq.) evidence a legislative intent to encourage arbitration.1 …
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, …
Fourth Department Vacates Portion of Arbitral Award Because Arbitrator Exceeded His Authority
- Feb 5 2020
In New York, arbitration, like other alternative dispute resolution mechanisms, is valid and enforceable. Westinghouse v. New York City Tr. Auth., 82 N.Y.2d 47, 54 (1993) (“Considerable authority thus supports …
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 …
Court Finds No Basis for Triggering Mandatory Arbitration Under FINRA Rules
- Jun 27 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 …
