Martinez v. Bloomberg LP
740 F.3d 211 (2d Cir. 2014) Cited 325 times 2 Legal AnalysesHolding that mere inability to pursue United States statutory cause of action in England did not defeat enforcement of forum selection clause
Smith Barney v. Sacharow
91 N.Y.2d 39 (N.Y. 1997) Cited 292 timesHolding 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 AnalysesFinding 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 timesHolding 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
Welsbach Electric Corp. v. MasTec North America
2006 N.Y. Slip Op. 8632 (N.Y. 2006) Cited 167 times 1 Legal AnalysesHolding that New York's public policy against pay-if-paid contracts is not so fundamental that it should override the parties' choice of Florida law, which permits pay-if-paid contracts
Two Guys v. S.F.R. Realty Associates
63 N.Y.2d 396 (N.Y. 1984) Cited 288 timesRecognizing that New York courts interpreting contracts should "avoid an interpretation that would leave contractual clauses meaningless"
Ministers & Missionaries Benefit Bd. v. Snow
2015 N.Y. Slip Op. 9186 (N.Y. 2015) Cited 106 timesIn Ministers, the Court of Appeals held that New York choice-of-law provisions in retirement and death benefit plans for certain ministers and missionaries controlled over a New York statutory directive, EPTL 3-5.1(b)(2), that would have applied the substantive law of the decedent's domicile at death in determining the effect of the decedent's divorce on the designation of his wife as beneficiary.
NML Capital v. Republic of Argentina
2011 N.Y. Slip Op. 5581 (N.Y. 2011) Cited 115 times 4 Legal AnalysesObserving that Argentina did not dispute that it "was required to repay the principal indebtedness"
Finucane v. Interior Construction Corp.
264 A.D.2d 618 (N.Y. App. Div. 1999) Cited 64 timesHolding that New York enforces choice-of-law provisions provided that " the law of the State selected has a reasonable relation[ship] to the agreement . . . and (b) the law chosen does not violate a fundamental public policy of New York"
Sisters of Saint John the Baptist v. Phillips R. Geraghty Constructor, Inc.
67 N.Y.2d 997 (N.Y. 1986) Cited 94 timesFinding that "[i]t is of course for the court in the first instance to determine whether parties have agreed to submit their disputes to arbitration and, if so, whether the disputes generally come within the scope of their arbitration agreement."