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MATTER OF SMULLYAN

201 A.D.2d 335 (1994)

607 N.Y.S.2d 316

In the Matter of the Arbitration between Bennett Smullyan et al., Respondents, and SIBJET S. A. et al., Appellants

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

February 10, 1994

The IAS Court properly determined that the arbitrator had neither exceeded his authority nor rendered an irrational award.

Although, as appellants correctly note, parties to a commercial transaction will generally not be compelled to arbitrate in the absence of an express, unequivocal agreement to that effect (Matter of Marlene Indus. Corp. [Carnac Textiles], 45 N.Y.2d 327, 333...

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