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You are here: Home1 / Arbitration2 / REVIEW POWERS OF A MASTER ARBITRATOR EXPLAINED; HERE THE MASTER ARBITRATOR’S...
Arbitration

REVIEW POWERS OF A MASTER ARBITRATOR EXPLAINED; HERE THE MASTER ARBITRATOR’S AWARD WAS PROPERLY VACATED AND THE ORIGINAL ARBITRATOR’S AWARD WAS PROPERLY REINSTATED (SECOND DEPT).

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The Second Department determined Supreme Court had properly vacated the master arbitrator’s award and reinstated the original arbitrator’s award in this no-fault benefit case. The court explained the authority of a master arbitrator:

A master arbitrator may not review the facts by weighing the evidence, assessing the credibility of witnesses, or making independent findings of fact … . A master arbitrator’s review powers, however, do include reviewing the facts to determine “whether or not the evidence is sufficient, as a matter of law, to support the determination of the arbitrator” … . Here, there is no rational basis for the determination of the master arbitrator that the original arbitrator committed an error of law … . Matter of V.S. Care Acupuncture, P.C. v Country-Wide Ins. Co., 2019 NY Slip Op 07265, Second Dept 10-9-19

 

October 9, 2019/by Bruce Freeman
Tags: Second Department
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REFERENCES TO JUDGMENTS IN A LICENSE APPLICATION SHOULD NOT HAVE BEEN REDACTED... THE STANDARD OF PROOF REQUIRED IN AN ENTIRELY CIRCUMSTANTIAL-EVIDENCE CASE WAS...
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