19 Cited authorities

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 271 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 152 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"
Goldman, Sachs & Co. v. Golden Empire Sch. Fin. Auth.
764 F.3d 210 (2d Cir. 2014) Cited 94 times 5 Legal Analyses
Finding that a forum selection clause superseded FINRA's arbitration rules and rejecting the argument that the agreements at issue did not cover the "entire relationship" between the parties
Zachariou v. Manios
68 A.D.3d 539 (N.Y. App. Div. 2009) Cited 58 times 1 Legal Analyses
Holding that reference to AAA rules in conjunction with narrow arbitration provision does not constitute clear and unmistakable evidence of intent to have arbitrator decide arbitrability
Life Rec. Trust v. Goshawk Syndi
2010 N.Y. Slip Op. 3759 (N.Y. 2010) Cited 40 times
Applying federal FAA law
Mariano v. Town of Orchard Park
92 A.D.3d 1232 (N.Y. App. Div. 2012) Cited 20 times
2012-02-10 In the Matter of John MARIANO, as President of Orchard Park Police Benevolent Association, Inc., and Orchard Park Police Benevolent Association, Inc., Petitioners–Respondents, v. TOWN OF ORCHARD PARK, Respondent–Appellant. Goldberg Segalla, LLP, Buffalo (Julie P. Apter of Counsel), for Respondent–Appellant. Law Office of William E. Grande, Kenmore (William E. Grande of Counsel), for Petitioners–Respondents. PRESENT: SCUDDER Goldberg Segalla, LLP, Buffalo (Julie P. Apter of Counsel), for
Getty Props. Corp. v. Getty Petroleum Mktg. Inc.
106 A.D.3d 429 (N.Y. App. Div. 2013) Cited 18 times
2013-05-2 GETTY PROPERTIES CORP., et al., Plaintiffs–Respondents, v. GETTY PETROLEUM MARKETING INC., Defendant, 1314 Sedgwick Ave. LLC, et al., Defendants–Appellants. White & Wolnerman, PLLC, New York (Randolph E. White of counsel), for appellants. Rosenberg & Estis, P.C., New York (Michael E. Feinstein of counsel), for respondents. MAZZARELLI White & Wolnerman, PLLC, New York (Randolph E. White of counsel), for appellants.Rosenberg & Estis, P.C., New York (Michael E. Feinstein of counsel), for respondents
Matter of Schlaifer v. Sedlow
51 N.Y.2d 181 (N.Y. 1980) Cited 66 times
Considering the broad arbitration clause in the original agreement, "all questions with respect to the validity and effect of subsequent documents purporting to work a modification or termination of the substantive provisions of the original agreement are to be resolved by the arbitrator"

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

19 Cited authorities

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"

Finding that a forum selection clause superseded FINRA's arbitration rules and rejecting the argument that the agreements at issue did not cover the "entire relationship" between the parties

Holding that reference to AAA rules in conjunction with narrow arbitration provision does not constitute clear and unmistakable evidence of intent to have arbitrator decide arbitrability

Applying federal FAA law

Considering the broad arbitration clause in the original agreement, "all questions with respect to the validity and effect of subsequent documents purporting to work a modification or termination of the substantive provisions of the original agreement are to be resolved by the arbitrator"