New York State Court Applies Rules To Sequence Simultaneous Litigation and Arbitration

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Boz Export & Import, Inc. v. Karakus, Dkt. No. 8738/11 (N.Y. Sup. Ct. Kings Cty. 2011), expounds on several current and timely topics in international practice but from the perspective of a state court jurist (called a Justice in New York courts). The decision was filed by a New York State judge sitting in a court of first instance having general jurisdiction.

At issue in Boz were motions and cross-motions. The motion was to stay the action pending the disposition of an arbitration. The cross-motion sought to stay the arbitration. Issues and parties overlapped, but not entirely.

We have frequently seen that the issue of the optimal sequencing of disputes is a key issue in determining the success of an international dispute. (See the discussion of sequencing on our e-book, International Practice: Topics and Trends.)

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