The Appellate Division unanimously reversed, on the law and with costs, the Order which denied defendants" motion to compel arbitration, and granted the motion. Paragraph 18 of the parties" exhibit space agreement, titled "Disputes," provides broadly that "[a]ny and all disputes or claims . . . will be resolved in binding arbitration, rather than in court." The agreement also expressly incorporates the Commercial Arbitration Rules of the American Arbitration Association (AAA), of which Rule 7(a) states, "The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim." These provisions demonstrate the parties" clear and unmistakable intent to delegate the threshold arbitrability question to the AAA.
Anima Group, LLC v. Emerald Expositions, LLC, NY Slip Op 01138 (1st Dep't February 18, 2021)
