The Appellate Division unanimously affirmed, with costs, the Order which denied the petition to permanently stay arbitration. The court correctly found that the statute of limitations defense to the arbitration proceeding was a matter for the arbitrator to determine, because the choice of law provision containing the arbitration clause specifies that the agreement is to be "interpreted" under New York law, not that enforcement of the agreement is to be governed by New York law.
Matter of NBC Universal Media, LLC v. Strausser, NY Slip Op 00091 (1st Dep't January 7, 2021)
