United Nations Development Corp. v. Norkin Plumbing Co.

OPINION OF THE COURT

Jasen, J.

Upon this appeal, the issue posed for our consideration is whether the commercial arbitration agreement to which the parties have subscribed contains an express condition precedent to the submission of a dispute to arbitration, such that the question of compliance with that condition constitutes a threshold inquiry for judicial resolution, rather than a matter of procedural arbitrability falling within the prerogative of the arbitrator.

Appellant United Nations Development Corp., a nonprofit public benefit corporation, undertook the construction of office space,…