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Arbitration

A Sampling of the Arbitration-Related Topics and Issues Addressed in the New York Appellate Digest Database

LEGAL RESEARCH GENERALLY

To Use the Search Panel for Legal Research, Click on “Streamlined Research” At the Top of the Page for Guidance—Searches for Single Strong Words or Phrases (in Quotation Marks) Work Best. 

ARBITRATION issues in this database are included in several database categories, in addition to “Arbitration.” Some of the additional categories are listed here in “all caps” and boldface. Any specific issues described below are included in both the “Arbitration” database category as well as any other category indicated. The entries here may help in the selection of categories and keywords for fruitful database searches in this area of the law.

Court Review Criteria (court review of arbitration awards is extremely limited, mistakes of law and fact may be unreviewable, APPEALS);

Waiver (by participation in court proceedings, etc., CIVIL PROCEDURE);

Issues Subject to Arbitration (controlled by contracts including Collective Bargaining Agreements, issues entwined with litigated issues may not be arbitrable, etc., CONTRACTS);

Parties Subject to Arbitration (including nonsignatories entwined in the arbitrable issues, etc.);

Powers of Arbitrators (statutory powers, consequence of exceeding statutory powers, etc., CIVIL PROCEDURE);

Finality of Arbitration Awards (arbitrators may not reconsider awards, etc.);

Employment Disputes (Collective Bargaining Agreements, etc., EMPLOYMENT LAW);

Stays of Arbitration Proceedings, CIVIL PROCEDURE, INSURANCE LAW);

Insurance Disputes (INSURANCE LAW);

Union Grievance proceedings (EMPLOYMENT LAW, CONTRACT LAW);

Indefinite and Nonfinal Awards;

Irrational Awards;

Public Policy (violations of);

Waiver of Claims against Arbitrator;

Fraud (may invalidate arbitration clause, FRAUD, CONTRACT LAW);

Sundays (Sunday hearings violate the Judiciary Law);

Immunity (arbitral immunity, IMMUNITY);

General Business Law (violated by provision mandating litigation, etc.);

Federal Arbitration Act;

Vacation of Award (criteria);

Confirmation of Award (criteria);

Family Law (custody, visitation, child support, etc. FAMILY LAW)

Custody and Visitation (not arbitrable, FAMILY LAW);

Child Support (arbitrable, FAMILY LAW).

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