§1.38 5. Primary Jurisdiction Doctrine

• Jurisdiction: New York

5. Primary Jurisdiction Doctrine

The doctrine of primary jurisdiction

applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views.¹⁵³

The issue of primary jurisdiction has arisen in a number of cases brought under the...