Applied Energetics, Inc. v. NewOak Capital Markets, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that earlier agreement’s arbitration clause was voided by subsequent agreement’s forum selection clause because the latter directly contradicted and voided the former
• holding that, based on the contract language, an adjudication clause in a placement agreement controlled, even though an earlier engagement agreement provided for mandatory arbitration
• holding that earlier agreement’s arbitration clause was voided by subsequent agreement’s forum selection clause because the latter directly contradicted and voided the former
• holding that a New York forum selection clause gave New York courts jurisdiction over ancillary arbitration proceedings, including a motion to enforce or challenge an arbitration award
• holding that a later agreement that is silent on arbitration supersedes an earlier agreement providing for arbitration because “[b]oth provisions are all-inclusive, both are mandatory, and neither admits the possibility of the other”
• explaining that the FAA’s presumption does not apply in cases where the agreement containing an arbitration clause has been superseded

Source: CourtListener parenthetical corpus (CC0).