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LIU v. TIEDEMANN

Index No. 655147/20. Appeal No. 13742N. Case No. 2021-00030.

194 A.D.3d 416 (2021)

143 N.Y.S.3d 216

2021 NY Slip Op 02750

Yi Liu et al., Respondents, v. Michael Tiedemann et al., Appellants.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Pryor Cashman LLP, New York ( Eric M. Fishman of counsel), for appellants.

Kagen Caspersen & Bogart PLLC, New York ( Joel M. Taylor of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

Plaintiffs are correct that the choice of law provision in the parties' agreements requires the application of Delaware law (Henry Schein, Inc. v Archer & White Sales, Inc., 586 US ___, ___, 139 S.Ct. 524, 529 [2019]).

Under Delaware law, the agreements, which contain a broad arbitration clause and incorporate the rules of JAMS (which provide for arbitrability to be decided by the arbitrator), mandate referral of the issue...

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