Dynasty Stainless Steel & Metal Indus. Inc. v. Hill Int'l Inc.

Arbitral Award Moots Independent Arbitrator's Appointment; Award Not Yet Final, Binding

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MEMORANDUM AND ORDER Plaintiff Dynasty Stainless Steel & Metal Industries, Inc., a construction contractor, filed this diversity suit against defendant Hill International, Inc. (“Hill”), a construction manager, alleging state-law causes of action in connection with a contract between the parties. See Compl. (Dkt. #1). Defendant moved to compel arbitration and the Court granted the motion. Order Compelling Arbitration (Dkt. #15). While the arbitration was pending, plaintiff filed a motion to appoint an independent arbitrator or, in the alternative, to vacate the arbitration award. (Dkt. #47) (sealed); (Dkt. #48) (redacted). In a report and recommendation (“R. & R.”), Judge Mann recommends that I deny the request to appoint an independent arbitrator as moot and deny without prejudice the request to vacate the arbitration award as premature. R. & R. at 10 (Dkt. #57). For the reasons set out below, I adopt Judge Mann’s recommendation in full and deny the motion. BACKGROUND I assume familiarity with the underlying facts and procedural history, see R. & R. at 2-6, which I describe here only as needed to address defendant’s R. & R. objections. In December 2014, plaintiff contracted with defendant to perform construction work on a performing arts center at a City University of New York (“CUNY”) campus. Compl.

1-2 (“First Count”); Contract at 5 (Dkt. #12-4). Plaintiff alleges that defendant did not make the project site available until April 2016, more than two years after plaintiff’s anticipated start date. See Compl. 16 (“First Count”). Plaintiff further alleges that defendant knew that the site would not be ready on time and fraudulently induced plaintiff to underbid on the project, interfered with plaintiff’s work, committed fraud, wrongfully terminated the contract, interfered with plaintiff’s ability to obtain future construction contracts, violated New York trust law, and discriminated against plaintiff. See id.

Dynasty Stainless Steel & Metal Indus. Inc. v. Hill Int'l Inc.

Arbitral Award Moots Independent Arbitrator's Appointment; Award Not Yet Final, Binding

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