The Appellate Division affirmed the Judgment, to the extent appealed from, confirming so much of an arbitration award as awarded prejudgment interest at the rate of 3% per annum, rather than 9%, and required the parties to split the administrative fees and arbitration expenses. Petitioner failed to demonstrate any of the statutory grounds for vacating an arbitration award, pursuant to CPLR 7511[b]. The arbitrator's determination to impose 3% pre-award interest was neither a computational error subject to vacatur under CPLR 7511(c)(1), nor in excess of the arbitrator's authority under CPLR 7511(b)(1)(iii). The arbitrator's determination to allocate arbitration costs and fees between the parties was not in excess of his authority. Although the parties' employment agreement and the applicable rules of the American Arbitration Association specified that the costs of arbitration would be borne by respondent, the arbitrator also had before him respondent's claims based on a promissory note providing that petitioner, as borrower, is responsible for attorneys' fees and the costs of collection upon his breach of the note. Even if the arbitrator made a mistake of fact or law, or disregarded the plain words of the parties' agreement, the award is not subject to vacatur because it is not totally irrational or violative of a strong public policy.
Matter of Mora v. Macquarie Holdings (USA) Inc., NY Slip Op 02876 (1st Dep't May 6, 2021)
