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eBook details

• Title: Matter Arbitration Between National Equipment Rental Ltd. Et Al.
• Author : Court of Appeals of New York
• Release Date : January 18, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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[28 N.Y.2d 639 Page 641] The agreement between the parties contained a broad arbitration clause to the effect that "Any controversy or claim arising
out of or relating to this Agreement or the breach thereof shall be settled by arbitration". Such provision embraced a dispute
over whether the seller-installer had performed its obligations. It is immaterial that the buyer in resisting payment contends
that the failure to perform properly also entails a violation of law. Otherwise, it would be the rare arbitration agreement
that could not be nullified merely by the contention of illegality in performance. Moreover, an arbitrator's award would hardly
bind any but the parties to the arbitration, and the public interest in enforcement of public law would, therefore, not be
hampered. It suffices that the agreement was lawful and called for lawful performance, a condition not present in Durst v.
Abrash (22 A.D.2d 39, affd. 17 N.Y.2d 445), if the borrower's contentions in that case were established. Nor does the buyer
apply Matter of Aimcee Wholesale Corp. (Tomar Prods.) (21 N.Y.2d 621) properly. There the right of the buyer to arbitration
under the agreement was sustained, but the respondent (seller) to the arbitration [28 N.Y.2d 639 Page 642]

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