Edward M. Spiro and Christopher B. Harwood The Federal Arbitration Act Precludes New York From Exempting Claims From Arbitration
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case which demonstrates that, due to the FAA's national policy favoring arbitration, absent exceptional circumstances a party will not be able to avoid its prior agreement to arbitrate a claim subject to the FAA.
February 16, 2021 at 12:14 PM
11 minute read
When parties to a contract agree to settle any claims that may arise between them through arbitration, the Federal Arbitration Act (the FAA) sets forth a national policy favoring arbitration. As a matter of public policy, however, New York has sought—through the 2018 enactment of §7515 of the New York Civil Practice Law and Rules—to exempt certain types of claims from arbitration, including claims alleging discrimination under the New York State Human Rights Law. Through §7515, New York seeks to provide those who claim to have been victimized by sexual assault a public forum in which to air their grievances.
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