Court, Not Arbitrators, Should Decide Timeliness of Arbitration Demand, NY. Appeals Court Reiterates

NEW YORK — A New York appellate court has refused to revisit its ruling that courts, rather than arbitrators, should decide whether a demand for arbitration is timely under New York law.

On July 24, the New York Appellate Division, First Department, denied ROM Reinsurance Management Corp.’s motion for reargument or other relief. In its March ruling, the appellate court found the arbitration clause in the reinsurance contract at issue states that “the arbitration laws of New York State” govern the parties’ arbitration, therefore “all controversies, including issues of timeliness, are subjects for arbitration.”

Continental Insurance Company Inc. sought reinsurance …