Practice point: Arbitration is favored in New York State as a means of resolving disputes, and courts will interfere as little as possible with agreements to arbitrate.
Practitioners should note that a party will not be compelled to arbitrate absent evidence that the parties expressly agreed to arbitrate their disputes.
Case: Shah v. Monpat Constr., Inc., NY Slip Op 06132 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Comparative negligence.
