In the Matter of the Arbitration between Aimcee Wholesale Corporation, and Tomar Products, Inc.

Summary

The New York Court of Appeals reversed the Appellate Division and granted a stay of arbitration for the antitrust counterclaim, holding that New York antitrust claims under the General Business Law are not subject to commercial arbitration. The court emphasized the paramount public policy interest in enforcing state antitrust law and rejected the notion that a broad arbitration clause can waive that interest.