Gibson v. Seabury Transportation Advisor LLC

The arbitration clause in the parties’ agreement “evince[s] a ‘clear and unmistakable’ agreement to arbitrate arbitrability” (see Matter of Smith Barney Shearson v Sacharow, 91 NY2d 39, 46 [1997]; Life Receivables Trust v Goshawk Syndicate 102 at Lloyd’s, 66 AD3d 495, 496 [2009], affd 14 NY3d 850 [2010], cert denied 562 US —, 131 S Ct 463 [2010]). It provides that any “dispute, difference, controversy or claim arising in connection with or related or incidental to, or questions occurring under, *466the provisions of this Agreement . . . [not resolved by mediation] . . . shall be submitted to…