New York Court of Appeals

In the Matter of the Arbitration Between Isidore Lipschutz, Appellants, and Albert Gutwirth, Respondent

April 17, 1952304 N.Y. 58

Summary

The Court of Appeals reversed the Appellate Division’s order appointing a single arbitrator and affirmed the Special Term order that followed the parties’ arbitration agreement, requiring a three‑member panel. It held that the statutory power to appoint a single arbitrator applies only when the contract provides no method or a party fails to use the agreed method.