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MATTER OF CONT'L ENERGY ASSOCS. v. ASEA BROWN BOVERI, INC.

192 A.D.2d 467 (1993)

596 N.Y.S.2d 416

In the Matter of Continental Energy Associates, Appellant, v. ASEA Brown Boveri, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 27, 1993

The IAS Court did not abuse its discretion in denying consolidation of the arbitration proceedings on the ground that such would alter the framework in which the parties agreed to arbitrate their disputes. Although there is a "commonality of context" out of which the two sets of claims arose (County of Sullivan v Edward L. Nezelek, Inc., 42 N.Y.2d 123, 129), the arbitration clauses in the parties' two agreements differ substantially...

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