You are here: / / Arbitrator’s Award Should Not Have Been Vacated—No Clear and...

Arbitrator’s Award Should Not Have Been Vacated—No Clear and Convincing Evidence of Arbitrator’s Bias or Misconduct or that the Arbitrator Exceeded His Power

The Second Department reversed Supreme Court’s vacation of an arbitration award. The vacation was based in part on a finding of an appearance of bias on the part of the arbitrator. The motion to vacate the award alleged the fact that both the mediator and arbitrator were past Supreme Court justices with overlapping terms demonstrated the arbitrator’s bias or the appearance of bias.  The Second Department explained the limited role of a court in reviewing an arbitrator’s award and noted that any ground for vacation must be proven by clear and convincing evidence:

“It is well settled that judicial review of arbitration awards is extremely limited” … . “A party seeking to overturn an arbitration award on one or more grounds stated in CPLR 7511(b)(1) bears a heavy burden, and must establish a ground for vacatur by clear and convincing evidence” … .

An arbitrator’s partiality may be established by an actual bias or the appearance of bias from which a conflict of interest may be inferred … . * * * [T]he fact that both the mediator and arbitrator were former Supreme Court Justices who served overlapping terms …, standing alone, did not constitute clear and convincing evidence of actual bias or the appearance of bias on the part of the arbitrator … . Moreover … [the movant] failed to present clear and convincing evidence that the arbitrator exceeded his power in issuing the award (see CPLR 7511[b][1][iii]), or that he engaged in misconduct … . David v Byron, 2015 NY Slip Op 06107, 2nd Dept 7-15-15

 

You might also like
WHERE THERE IS A QUESTION OF FACT WHETHER THE INJURED PLAINTIFF’S EXCLUSIVE REMEDY IS WORKERS’ COMPENSATION BECAUSE THERE IS A QUESTION OF FACT WHETHER PLAINTIFF WAS AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR, THE ISSUE MUST FIRST BE DECIDED BY THE WORKERS’ COMPENSATION BOARD, NOT THE COURTS (SECOND DEPT). ​
IN A FORECLOSURE ACTION, ANY DEFICIENCIES IN PLAINTIFF’S COUNSEL’S CERTIFICATE OF MERIT (CPLR 3012-B) CAN NOT BE THE BASIS FOR DEFENDANT’S MOTION TO DISMISS ALLEGING PLAINTIFF’S LACK OF STANDING (SECOND DEPT).
ORDER THAT THE PATIENT INMATE SHOULD BE TREATED WITH A PARTICULAR DRUG FOR SCHIZOPHRENIA OVER HIS OBJECTION SUPPORTED BY CLEAR AND CONVINCING EVIDENCE, ORDER ALLOWING ALTERNATIVE DRUGS, AND A NONDURATIONAL ORDER NOT SUPPORTED (SECOND DEPT).
LAW FIRM SANCTIONED FOR FAILURE TO APPEAR AT A MANDATORY MEDIATION SESSION TO ATTEMPT TO RESOLVE THE MATTER ON APPEAL (SECOND DEPT).
WHERE A MOTION TO RENEW IS NOT BASED UPON A CHANGE IN THE LAW, THERE IS NO TIME LIMIT FOR BRINGING THE MOTION (SECOND DEPT),
Family Offense of Disorderly Conduct Established
Complaint Stated Causes of Action for Breach of Contract and Fraud—Plaintiff Agreed to Forgo Compensation for Work Done for Defendant in Return for a Stake in Defendant’s Business—Defendant Terminated the Relationship Without Paying Plaintiff
SUPREME COURT SHOULD NOT HAVE REQUIRED DEFENSE COUNSEL TO SEEK COURT APPROVAL BEFORE ALLOWING INVESTIGATORS OR OTHER EMPLOYEES ACCESS TO RECORDINGS (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

“Special Facts Doctrine” as Applied to Fraud Allegations Explai... Two-Part Inquiry for Determining Whether a Dispute is Arbitrable Under a Collective...