New York State Court Decision Potentially Undermines Effect of Commonplace Arbitration Clauses

more+
less-

The recent decision in Nachmani v. By Design, LLC, issued by the First Department Appellate Division of New York, has potentially undermined the effect of arbitration clauses commonly used to designate an arbitration organization as the administrator of an arbitral dispute. As a result of Nachmani, arbitration provisions should not merely provide that disputes under a contract are to be governed by the rules of a particular arbitration organization; they should also explicitly state that the arbitral dispute is to be “administered” by that organization.

LOADING PDF: If there are any problems, click here to download the file.


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.

© McDermott Will & Emery | Attorney Advertising

Written by:

more+
less-

McDermott Will & Emery on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×