Holding that shareholders that had released unknown fraud claims arising out of the shareholders' ownership interest in a company could not base a rescission claim on allegations that defendants had induced the release by concealing the true value of that interest
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
115 A.D.3d 128 (N.Y. App. Div. 2014) Cited 358 times
Finding certain "disclaimers and disclosures" insufficient to "preclude, as a matter of law, plaintiff's claim of justifiable reliance on [the defendant's] misrepresentations and omissions"
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 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