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.)

Please see full article below for more information.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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