In re the Arbitration between Associated Metals & Minerals Corp. & Kemikalija

This is a motion to stay arbitration. The admission of liability subsequent to the commencement of the arbitration proceedings does not justify a stay of such proceedings. Once the arbitration proceeding has been duly commenced, it depends upon the state of matters at the time of the commencement thereof, not what occurred thereafter, and, if the circumstances be such, then, to invest jurisdiction. The same cannot be ousted by any subsequent event (Koppel v. Heinrichs, 1 Barb. 449, 451; Hodgens v. Columbia Trust Co., 103 Misc. 415, revd. on other grounds 185 App. Div. 555). And the same holds…