Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding and only a limited role at the end of the process to determine whether it was tainted in some manner prejudicial to the losing party, and if there is neither taint nor unfairness to confirm […]
Archive | Vacating an award
Architectural Underpinning: Consequences of Violating Provider Rules
By Gerald M. Levine on June 18, 2016 in Arbitration, Awards, Confirmation, Court intervention, Federal Arbitration Act, New York State Law, Vacating an award, Vacatur
First Published in the New York State Bar Association ADR Section Journal, New York Dispute Resolution Lawyer, May 2016 No arbitration decision is complete without the court acknowledging that public policy favors this form of dispute resolution.1 The goal finds particular expression in judges’ restraint from second-guessing arbitrators’ awards.2 The U.S. Supreme Court has held […]
Unlikelihood of Having an Arbitration Award Vacated
By Gerald M. Levine on April 25, 2013 in Arbitration, Arbitration award, Awards, New York State Law, Vacating an award
First appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” April 22, 2013 Arbitrators naturally express anxiety about having an arbitration award vacated, but in reality it rarely happens. Awards are presumptively legitimate so long as arbitrators “manifest [no] infidelity” to their obligation to “interpret and apply” the parties’ agreement. Steelworkers v. […]