In the Matter of Smith Barney, Harris Upham & Co., Inc., Appellant v. Charlie Luckie, Jr., Respondents, and…

Summary

The New York Court of Appeals reversed the Appellate Division decisions and remanded for determination of the statute of limitations issues, holding that when an arbitration agreement contains a New York choice‑of‑law provision, questions of timeliness are to be decided by the courts, not the arbitrators, consistent with the Federal Arbitration Act. The opinion also notes a concurrence expressing concern about the practical effect of this rule.