July 24, 2008

Alternative dispute resolution.

Practice point: Arbitration and other alternative procedures for resolving disputes are creatures of contract, and while the law favors such alternatives to litigation, a party will not be denied judicial resolution of a controversy unless there is a governing provision requiring alternative dispute resolution.

Case: FCI Group, Inc. v. City of New York, NY Slip Op 06352 (1st Dept. 2008)

Click here for the uncorrected opinion.