KMWB Secures Appellate Victory in Case Emphasizing Arbitration-to-Litigation Strategy

KMWB is pleased to announce a key appellate victory secured by Partner James Schwartz in Eli Idi v. Gal Sela, a case that underscores the critical importance of procedural strategy when navigating between arbitration and litigation. The Appellate Division, First Department reversed a lower court ruling, which dismissed our client’s claims as being time-barred. First Department held that the defendant waived its statute of limitations defense by failing to raise it during arbitration or in court within the required timeframe.

This decision is a strong reminder that arbitration, while often seen as less formal than traditional litigation, still carries procedural rules with real consequences. Strategic decisions made at the beginning of an arbitration — especially regarding defenses and the scope of claims — can significantly impact the dispute’s outcome if the matter enters the courthouse.

KMWB remains committed to guiding clients through the complexities of arbitration and litigation with clarity, precision, and strategic insight.

Read the full case details in the attached.

If you have questions about this case or how it may impact your legal strategy, please feel free to contact James Schwartz at [email protected] or 212-869-5030.