Guidelines followed by the judiciary in adjudicating motions to confirm or deny arbitration awards

In a proceeding pursuant to CPLR Article 75 brought by Petitioner [P] to confirm two arbitration awards, the Respondent [R] cross-petitioned to vacate the awards. Supreme Court confirmed both arbitration awards and denied R's cross-petitions. R appealed the Supreme Court's decisions.The Appellate Division affirmed Supreme Court's ruling, explaining:1. Judicial review of arbitration awards is extremely limited and unless the court determines that the arbitration award "violates a strong public policy, is totally irrational, or exceeds a specifically enumerated limitation on the arbitrator's powers," it may not be vacated;2. The party seeking to vacate an arbitration award bears a "heavy burden" of proving by "clear and convincing evidence" that impropriety by the arbitrator prejudiced that party's rights or impaired the integrity of the arbitration process;3. Courts are bound by an arbitrator's factual findings,…

Read more detail on Recent Administrative Law posts –

This entry was posted in Administrative law and tagged , , , , , , , , . Bookmark the permalink.

Leave a Reply