Arbitration should not be delayed because one of the parties is invoking its Fifth Amendment privilege against self-incrimination in a related criminal investigation, a Manhattan Supreme Court justice has ruled in a case of first impression. Justice Nicholas Figueroa also ruled that the court -- not an arbitrator -- must determine whether the settlement of a related civil case affects the arbitration clause at issue.
August 23, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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