Legal Opinion
In re the Arbitration between RD Management Corp. & Samuels
New York Supreme Court
Decided July 16, 2003PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
This motion revolves around the enforceability of rule 8 (a) *580of the Commercial Arbitration Rules of the American Arbitration Association (AAA) — granting to the arbitrator the power to rule on his or her own jurisdiction. Apparently, the rule has not yet been discussed by the New York courts. It has been enforced by several United States District Courts. This court follows those cases, and enforces the rule.
Petitioners move to stay arbitration (CPLR 7503 [b]) to the extent of severing the claims made in paragraph 3, subsections i through l and paragraph 4 of…
2Cases cited8 opinions
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- Brandon, Jones, Sandall, Zeide, Kohn, Chalal & Musso, P.A. v. MedPartners, Inc.Court of Appeals for the Eleventh Circuit · 2002
- Information Sciences, Inc. v. Mohawk Data Science Corp.New York Court of Appeals · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brake Masters Systems, Inc. v. GabbayCourt of Appeals of Arizona · 2003
- Mid-South Maintenance Inc. v. Paychex Inc.Court of Appeals of Tennessee · 2015
- Schumacher Homes of Circleville v. John and Carolyn SpencerWest Virginia Supreme Court · 2015
- Schumacher Homes of Circleville v. John and Carolyn SpencerWest Virginia Supreme Court · 2015