Is there an "urgent need" for an arbitration to resolve an issue related to a prior claim?
"New York", United States of America
The following excerpt is from Dinosaur Sec. v. Analytics, 2010 NY Slip Op 31849 (N.Y. Sup. Ct. 2010):
of the judicial forum, with whatever advantages it may offer in the particular case, his actions are then inconsistent with a later claim that only the arbitral forum is satisfactory" (DeSapio v. Kohlmeyer, 35 NY2d 402, 405 [1974]). In case there is an "urgent need" to resolve an issue related to the arbitrable claim, the arbitration clause will not be waived {Stark, 9 NY3d at 66). There is no such need here.
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