Disputes Involving Neighbor’s Access To Adjoining Property—Emails As To Attendance at Beth Din Arbitration Do Not Constitute Agreement To Arbitrate—An Agreement To Arbitrate Must Be “Clear, Explicit and Unequivocal”—Failure To Show That Each Party Agreed To Arbitrate—An Agreement To Arbitrate Must Specify Dispute To Be Arbitrated Or Specify That It Applies to Any Dispute Between the Parties
This decision involved plaintiffs’ allegation that “defendants materially breached an agreement pursuant to which plaintiffs granted defendants certain limited and temporary access onto plaintiffs’ property…to facilitate defendants’ work and construction on the building and premises owned and controlled by defendants.” The key issue was whether a series of emails constituted an enforceable agreement to arbitrate.
