Clients often choose to take advantage of the special benefits of alternative dispute forums.  Our attorneys have significant experience arbitrating matters in various forums.  Prior to commencing litigation, we work closely with our clients to determine the best venue to bring their claims, and we advise clients with respect to arbitration provisions in their contracts.  Also, we are often retained by clients to challenge in court an adverse ruling the client received in an arbitration.  We have experience prosecuting FINRA arbitrations and other matters under the rules of the American Arbitration Association.

Representative Cases/Reported Decisions

Roffler v. Spear Leeds & Kellogg, New York Supreme Court, New York County.   Successfully confirmed a $1,250,000 arbitration award in favor of a client of a securities firm after two adverse trial court and one adverse appellate court decision (reported at 13 A.D. 3d 308, 788 N.Y.S.2d 326 (1st Dept. 2004)). Prevailed on standard of review of arbitration awards.

Cellier des Samsons v. Excelsior Wine & Spirits Corp. United States District Court for the Southern District of New York.  Successfully vacated a default judgment for $122,905 against client.  Subsequently conducted a one-week international arbitration in Zurich, Switzerland, resulting in award of $211,000 for client and dismissal of all claims that had led to the default judgment. Prevailed on standards for vacating default judgment and then on practices in the wine importing industry.

Overlook Terrace Corp. v. Excel Properties Corp. Represented one shareholder of close corporation in suit against another shareholder and accountants for the corporation. Successfully interpreted the agreement between the parties and established that defendants committed corporate waste. Achieved a settlement with the accountants and a verdict for $750,000 after a two week arbitration trial before a retired New Jersey Supreme Court judge. Case was originally pending in the Superior Court, Bergen County, State of New Jersey.

Sendor v. Hammer. After compelling arbitration by court order, obtained an arbitrator’s award based on interpretation of parties’ agreement that clients owned half of magazine and were entitled to $700,000. Reported at 1997 WL 252029 (S.D.N.Y.)

Confidential FINRA Arbitration.  Commenced arbitration against financial advisor with respect to the drafting and implementation of a Rule 10b5-1 stock trading plan.  Matter settled for $925,000 on the eve of arbitration.

Bragar Eagel & Squire, P.C.

212.308.5858

info@bespc.com

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New York, NY 10022