Commercial Division Permanently Stays International Arbitration
Earlier this year, in In re New York State Dept. of Health (Rusi Tech. Co., Ltd.),[1] Albany County Commercial Division Justice Richard Platkin issued a decision to permanently stay the arbitration before the China International Economic and Trade Arbitration Commission ("CIETAC") brought by a Chinese company (“Rusi”) against the New York State Department of Health (“DOH”) regarding a purchase contract for KN-95 masks. This decision, which harkens back to the chaotic early days of the pandemic, provides a good reminder for practitioners regarding the “meeting of the minds” requirement of a contract.
[1] No. 907022/2021 (Sup. Ct. Albany Cty. Jan. 25, 2022).