Matter of C & L Concrete Corp. v Shawmut Woodworking & Supply, Inc.

Holding The court affirmed the permanent stay of arbitration because the contract between the parties did not affirmatively establish an express agreement to arbitrate their disputes. Furthermore, the contractual provision allowing one party to submit matters to arbitration in a jurisdiction of its choosing was deemed void under General Business Law § 757[1].

The court’s words

Arbitration is a matter of contract, grounded in agreement of the parties

2026 NY Slip Op 05181, at the official text

a party will not be compelled to arbitrate and, thereby, to surrender the right to resort to the courts, absent evidence which affirmatively establishes that the parties expressly agreed to arbitrate their disputes

2026 NY Slip Op 05181, at the official text

All disputes are subject to mediation and Any disputes not resolved by mediation shall be resolved by litigation

2026 NY Slip Op 05181, at the official text

insofar as that same provision permits Shawmut to submit the matter to arbitration in a jurisdiction of its choosing, it is void

2026 NY Slip Op 05181, at the official text