November 19, 2018

Vacating an arbitral award.

Practice point:  The arbitrator's errors of fact or law are insufficient to vacate the award.

Student note:  CPLR 7511 provides four grounds for vacating an award, one of which is the exceeding of the arbitrator's power. This requires a showing that the award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power.

Matter of NRT N.Y. LLC v. Spell, NY Slip Op 07664 (1st Dep't November 13, 2018)

Here is the decision.