34 Cited authorities

Contec Corp. v. Remote Sol. Co.
398 F.3d 205 (2d Cir. 2005) Cited 474 times 16 Legal Analyses
Holding that the adoption of arbitration rules empowering arbitrator to "rule on his or her own jurisdiction" constituted clear and unmistakable evidence of the parties' intent to delegate issues of arbitrability to the arbitrator
Martinez v. Bloomberg LP
740 F.3d 211 (2d Cir. 2014) Cited 327 times 2 Legal Analyses
Holding that mere inability to pursue United States statutory cause of action in England did not defeat enforcement of forum selection clause
Anderson v. Beland (In re Am. Express Fin. Advisors Sec. Litig.)
672 F.3d 113 (2d Cir. 2011) Cited 306 times 1 Legal Analyses
Holding that the district court had appropriately enjoined arbitration of nonarbitrable claims, but that it had erred by enjoining arbitration as to the related, arbitrable claims
Shaw Grp. Inc. v. Triplefine Int'l Corp.
322 F.3d 115 (2d Cir. 2003) Cited 303 times 1 Legal Analyses
Holding that an arbitration clause subjecting disputes to ICC rules constituted clear and unmistakable evidence of parties' intent to delegate arbitrability issues to arbitrator
Universal Am. Corp. v. Nat'l Union Fire Ins. Co.
2015 N.Y. Slip Op. 5516 (N.Y. 2015) Cited 182 times 14 Legal Analyses
Concluding that the language of an insurance rider unambiguously applied to losses incurred from unauthorized access to plaintiff's computer system, where the "[t]he intentional word placement of 'fraudulent' before 'entry' and 'change' manifest[ed] the parties' [specific] intent."
Oldroyd v. Elmira Savings Bank, FSB
134 F.3d 72 (2d Cir. 1998) Cited 295 times
Holding retaliatory discharge claim within scope of arbitration clause covering "any, dispute controversy or claim arising under or in connection with Oldroyd's employment agreement"
Smith Barney v. Sacharow
91 N.Y.2d 39 (N.Y. 1997) Cited 292 times
Holding that an agreement governed by New York law that states that “[a]ny controversy ... shall be settled by arbitration” clearly and unmistakably reserves the decision of arbitrability for the arbitrator
Brooke Group Ltd. v. JCH Syndicate 488
87 N.Y.2d 530 (N.Y. 1996) Cited 272 times 2 Legal Analyses
Finding forum selection clause permissive where it stated: "the underwriters will submit to the jurisdiction of a United States court"
Primex Intl Corp. v. Wal-Mart
89 N.Y.2d 594 (N.Y. 1997) Cited 263 times
Holding that commercial disputes relating to two expired contracts were arbitrable, but any portion of the disputes relating to the last contract between the parties, which lacked an arbitration clause, was not arbitrable
Applied Energetics, Inc. v. Newoak Capital Mkts., LLC
645 F.3d 522 (2d Cir. 2011) Cited 153 times 5 Legal Analyses
Holding that a later agreement that is silent on arbitration supersedes an earlier agreement providing for arbitration because "[b]oth provisions are all-inclusive, both are mandatory, and neither admits the possibility of the other"

Garthon Business Inc., et al., Respondents,v.Kirill Ace Stein, et al., Appellants.

34 Cited authorities

Holding that the adoption of arbitration rules empowering arbitrator to "rule on his or her own jurisdiction" constituted clear and unmistakable evidence of the parties' intent to delegate issues of arbitrability to the arbitrator

Holding that mere inability to pursue United States statutory cause of action in England did not defeat enforcement of forum selection clause

Holding that the district court had appropriately enjoined arbitration of nonarbitrable claims, but that it had erred by enjoining arbitration as to the related, arbitrable claims

Holding that an arbitration clause subjecting disputes to ICC rules constituted clear and unmistakable evidence of parties' intent to delegate arbitrability issues to arbitrator

Concluding that the language of an insurance rider unambiguously applied to losses incurred from unauthorized access to plaintiff's computer system, where the "[t]he intentional word placement of 'fraudulent' before 'entry' and 'change' manifest[ed] the parties' [specific] intent."

Holding retaliatory discharge claim within scope of arbitration clause covering "any, dispute controversy or claim arising under or in connection with Oldroyd's employment agreement"

Holding that an agreement governed by New York law that states that “[a]ny controversy ... shall be settled by arbitration” clearly and unmistakably reserves the decision of arbitrability for the arbitrator

Finding forum selection clause permissive where it stated: "the underwriters will submit to the jurisdiction of a United States court"

Holding that commercial disputes relating to two expired contracts were arbitrable, but any portion of the disputes relating to the last contract between the parties, which lacked an arbitration clause, was not arbitrable

Holding that a later agreement that is silent on arbitration supersedes an earlier agreement providing for arbitration because "[b]oth provisions are all-inclusive, both are mandatory, and neither admits the possibility of the other"