Mariglio v. Berthel Fischer & Co. Financial Services, Inc., No 1236 CA 14-02021 (N.Y. App. Div. 4 Dept. 11/20/15)

Arbitration fee waiver request.

An application to an arbitration panel for a waiver of its fees is a prerequisite for avoiding arbitration on the ground that it is financially prohibitive. A party seeking to invalidate an arbitration agreement on the ground that arbitration is prohibitively expensive bears the burden of showing that the cost differential between arbitration and litigation is so substantial as to deter the bringing of the claim in the arbitratral forum.

Case Law Alerts, 1st Quarter, January 2016

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