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You are here: Home1 / Arbitration2 / COURT’S LIMITED POWER TO REVIEW AN ARBITRATION AWARD SUCCINCTLY ...
Arbitration

COURT’S LIMITED POWER TO REVIEW AN ARBITRATION AWARD SUCCINCTLY STATED.

In affirming an arbitration award, the Second Department succinctly stated its review powers in this context:

Unless an 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 … . Where the parties to a contract agree to submit disputes to an arbitrator, “[c]ourts are bound by an arbitrator's factual findings, interpretation of the contract and judgment concerning remedies” … . Absent a provision to the contrary in an arbitration agreement, arbitrators are not bound by principles of substantive law or rules of evidence … . Thus, an arbitration award will not be vacated even where the court concludes that the arbitrator's interpretation of the agreement misconstrues or disregards its plain meaning or misapplies substantive rules of law … . Matter of T & C Home Design, LLC v Stylecraft Corp., 2016 NY Slip Op 04228, 2nd Dept 6-1-16

ARBITRATION (COURT'S LIMITED POWER TO REVIEW AN ARBITRATION AWARD SUCCINCTLY STATED)

June 1, 2016
Tags: Second Department
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A CONDITION WHICH MIGHT BE DEEMED OPEN AND OBVIOUS CAN BECOME A “TRAP FOR THE UNWARY” WHEN A PERSON IS DISTRACTED; HERE PLAINTIFF SLIPPED AND FELL WHEN HIS FOOT WAS CAUGHT IN A DEPRESSION BETWEEN DEFENDANT’S FENCE AND THE SIDEWALK AS PLAINTIFF TRIED TO SEPARATE TWO FIGHTING DOGS; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
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