COURT AFFIRMS RULING THAT THE ISSUE OF ARBITRABILITY IS RESERVED FOR THE ARBITRATION PANEL
On November 30, 2009, we reported on a state appellate court ruling that the arbitration panel had the power to rule on its own jurisdiction, pursuant to the American Arbitration Association rules incorporated into the parties’ agreement. The New York Court of Appeals has since ruled that this order should be affirmed with costs, stating that the parties agreed to arbitrate questions of arbitrability, including whether the agreement itself is invalid according to Hall St. Assocs., L.L.C. v. Mattel, Inc., or whether the offending provision could be severed from the remainder of the agreement. Life Receivables Trust v. Goshawk Syndicate 102 at Lloyd’s, No. 138 SSM 12 (N.Y. May 4, 2010).
This post written by Dan Crisp.
