Legal Opinion
Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.
New York Court of Appeals
Decided March 24, 2005PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
On this appeal, the issues presented are whether the Federal Arbitration Act (9 USC § 1 et seq. [FAA]) governs the parties’ contract dispute and, if so, whether the question as to the timeliness of the subject arbitration demand is an issue for the arbitrator or the courts. We conclude that the FAA is applicable here as the contract had an effect on interstate commerce. We further conclude that the timeliness question and all other related questions are for the arbitrator to determine because the contract’s choice of law provision does not provide that New York…
2Cases cited9 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
- Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
- Buran v. CoupalNew York Court of Appeals · 1995
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3Cited by63 opinions
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- BDO Seidman, LLP v. J.A. Green Development Corp., Texas Court of Appeals, 5th District (Dallas)2010
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