Arbitration should not bedelayed because one of the parties is invoking its Fifth Amendment privilegeagainst self-incrimination in a related criminal investigation, a ManhattanSupreme Court justice has ruled in a case of first impression.

In Matter of Isernio,Index No. 113316/99, Justice Nicholas Figueroa also ruled that the court� not an arbitrator � must determine whether the settlement of a relatedcivil case affects the arbitration clause at issue.

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