Legal Opinion

In re the Arbitration between Teleserve Systems, Inc. & MCI Telecommunications Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 1997PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Denman, P. J.

This appeal requires us to decide whether the various challenges by petitioner to arbitration clauses contained in agreements between petitioner and respondents should be determined by Supreme Court of by the arbitrator. We are also presented with the novel question whether a $204,000 arbitration filing fee required by talóse clauses is unconscionable and against public policy anc| thus unenforceable. We conclude that the challenges to the ^arbitration clauses are for the court to determine and that, as matter of law, the filing *587fee is so excessive as to be…

2Cases cited16 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  4. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  5. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Discover Bank v. Superior CourtCalifornia Supreme Court · 2005
  2. Brower v. Gateway 2000, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Kam-Ko Bio-Pharm Trading Co. v. Mayne Pharma (USA) Inc.Court of Appeals for the Ninth Circuit · 2009
  4. Frankel v. Citicorp Insurance Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Rollins, Inc. v. FosterDistrict Court, M.D. Alabama · 1998

14 more not listed; retrieve them via the Exa API.

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