In M. v. M., S.M., brought a case in New York County Supreme Court alleging various tort claims against the defendants, including an alleged sexual assault that occurred while she was employed by the defendants (between 2005 and 2009).
When the defendants later moved to compel arbitration based on a 2005 agreement which required disputes to be submitted to arbitration, the judge assigned to the dispute granted that request (and stayed the litigation pending the arbitration’s outcome).
On appeal, the Appellate Division, First Department, noted that the arbitration clause was valid and applicable to S.M.'s claims. It also determined that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 did not invalidate the arbitration clause, as the causes of action accrued before the Act's effective date. (It also noted that the New York State Adult Survivors Act (which revived certain time-barred claims) did not alter that analysis.)
As a result, the outcome was left undisturbed.
Now how compelling was that?
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DECISION