Guest Summary: SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration

[Editor's note: Alex Silverman of Carlton Fields represents U.S. and international insurers and reinsurers in complex commercial litigation and arbitration, including complex insurance coverage disputes and reinsurance matters.]

Petitioners Credit Suisse AG and Lara Warner sought to permanently stay an arbitration commenced by respondent Colleen Graham, who cross-moved to compel the arbitration. The petitioners claimed the proceeding was an impermissible “collateral attack” on a prior, related arbitration in which Graham’s claims against different parties were dismissed.

As it relates to the second arbitration against the petitioners, there was no dispute as to whether Graham’s claims were subject to arbitration, …