30 N.Y.3d at 944 Resolving arbitrability under incorporated international arbitration rules3 citing casesapplying the rules of the London Court of International Arbitration which were incorporated into the parties' final agreements
- Darrelle Revis v. Neil Schwartz, 185 N.E.3d 496 (N.Y. 2022).publishedInc. v Stein, 30 NY3d 943, 944 [2017]; Life Receivables Trust v Goshawk Syndicate 102 at Lloyd’s, 14 NY3d 850, 851 [2010]; Matter of Board of Educ. of Watertown City School Dist. [Watertown Educ.
- Revis v. Schwartz, 192 A.D.3d 127 (N.Y. App. Div. 2d Dep't 2020).published(applying the rules of the London Court of International Arbitration which were incorporated into the parties' final agreements)
- Matter of 215-219 W. 28th St. Mazal Owner LLC v. Citiscape Bldrs. Grp. Inc., 177 A.D.3d 482 (N.Y. App. Div. 1st Dep't 2019).publishedInc. v Stein , 30 NY3d 943, 944 [2017]).
At page 520 cited at this page1 citing case
- Baker v. MTA Bus Co., No. 1:18-cv-12231 (S.D.N.Y. Aug. 1, 2023).Plaintiff’s claim brought pursuant to the NYCHRL As discussed supra Section II.A.3, the Court previously has stated that if a plaintiff meets the “more stringent” summary judgment standard under the applicable federal and state statutes,4…
v.
Kirill Ace Stein
This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 99 Garthon Business Inc. et al., Respondents, v. Kirill Ace Stein et al., Appellants.
Jason A. Grossman, for appellant Stein. Aaron Siri, for appellant Aurdeley Enterprises Limited. Pieter Van Tol, for respondents.
MEMORANDUM:
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motions to compel arbitration granted.
[*~519–523]- 2 - No. 99
Under the circumstances of this case, including the terms of the parties' final agreements, which incorporated the rules of the London Court of International Arbitration, the issue of whether the dispute is arbitrable should be resolved by the arbitrator (see Matter of Monarch Consulting, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA, 26 NY3d 659, 676-677 [2016]; Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co. of Am., 37 NY2d 91, 95 [1975]). * * * * * * * * * * * * * * * * * Order, insofar as appealed from, reversed, with costs, and motions to compel arbitration granted, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
Decided October 12, 2017