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
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
Finding that a clause requiring one party to "submit to the jurisdiction of a Court of competent jurisdiction within the United States" did not require defendants to litigate plaintiff's claims in New York
2015 N.Y. Slip Op. 9186 (N.Y. 2015) Cited 50 times
In Ministers, the Court of Appeals of New York did not have cause to address the status of prior law recognizing that the parties' choice of law must yield to a conflicting law reflecting the "fundamental public policy" of a state with a "materially greater interest" in the dispute than the chosen state.
264 A.D.2d 618 (N.Y. App. Div. 1999) Cited 60 times
Holding 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"
Concluding that master settlement agreement provides for one nationwide, binding arbitration of dispute over whether independent auditor correctly determined not to apply nonparticipating manufacturer adjustment