IN RE: NEW YORK LIFE INSURANCE COMPANY (2025)

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered February 26, 2025, which granted petitioner's motion to compel arbitration, unanimously affirmed, with costs.

Supreme Court correctly concluded that the language of the parties’ arbitration agreements provided that the arbitration panel is empowered to determine, and must determine, the threshold issue of arbitrability, which includes a determination of whether the arbitration panel has jurisdiction to consider the proposed request for clarification of a previously confirmed award (see Wu v. Uber Tech., Inc., 43 N.Y.3d 288, 302, 234 N.Y.S.3d 111, 260 N.E.3d 1060 [2024];  Life Receivables Trust v. Goshawk Syndicate 102 at Lloyd's, 66 A.D.3d 495, 495–496, 888 N.Y.S.2d 458 [1st Dept. 2009], affd 14 N.Y.3d 850, 901 N.Y.S.2d 133, 927 N.E.2d 553 [2010], cert denied 562 U.S. 962, 131 S.Ct. 463, 178 L.Ed.2d 288 [2010];  see also Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. 63, 68–70, 139 S.Ct. 524, 202 L.Ed.2d 480 [2019]).

In light of the foregoing, Supreme Court was correct not to reach the merits of the parties’ jurisdictional arguments at this juncture.