March 15, 2021

Arbitrable and non-arbitrable claims.

Where arbitrable and non-arbitrable claims are inextricably interwoven, the court will stay the judicial proceedings pending completion of the arbitration, particularly where, as here, the determination of issues in arbitration may dispose of nonarbitrable matters. The litigation was correctly stayed as to the individual defendants, who, although nonsignatories to the arbitration agreements, were employees, partners, and agents of defendant during the relevant time period and, acting for defendant, performed services for plaintiffs.

T & M Trusteeship & Mgt. Servs. SA v. BDO USA, LLP, NY Slip Op 01494 (1st Dep't March 11, 2021)

Here is the decision.