“SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration”

Alex Silverman of Carlton Fields has this article, available in JD Supra, discussing the Southern District of New York’s decision in Credit Suisse AG v. Graham, where the court rejected a petition to enjoin an arbitration on grounds that “the proceeding was an impermissible ‘collateral attack’ on a prior, related arbitration in which [the respondent’s] claims against different parties were dismissed.” As the article explains, the case presented a gateway issue with regard to who should decide–a court or the arbitrator–whether the second proceeding was an impermissible attack on the first arbitration, and “the court ruled that the preclusive effect of [respondent’s] first arbitration, if any, should be decided by the arbitrator in the second arbitration.”