In Re Arbitration Between J. P. Stevens & Co. & Rytex Corp.

312 N.E.2d 466, 34 N.Y.2d 123, 356 N.Y.S.2d 278, 1974 N.Y. LEXIS 1619
CourtNew York Court of Appeals
DecidedMay 2, 1974
StatusPublished
Cited by54 cases

This text of 312 N.E.2d 466 (In Re Arbitration Between J. P. Stevens & Co. & Rytex Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Arbitration Between J. P. Stevens & Co. & Rytex Corp., 312 N.E.2d 466, 34 N.Y.2d 123, 356 N.Y.S.2d 278, 1974 N.Y. LEXIS 1619 (N.Y. 1974).

Opinions

Rabin, J.

This case once again raises the difficult question whether the failure of an arbitrator to disclose fully his relationship with one of the parties to the proceeding is grounds to vacate the arbitration award. Respondent Rytex Corporation (Rytex) seeks to vacate an arbitration award rendered in favor of appellant J. P. Stevens & Co., Inc. (Stevens) on the grounds of bias of two of the arbitrators, who failed to disclose in advance of the hearing the extent of their business relationship with Stevens. The Appellate Division, one Justice dissenting, held that the relationship was substantial enough to require vacating the arbitration award. We agree and hold that the failure of an arbitrator to disclose facts which reasonably may support an inference of bias is grounds to vacate the award under CPLR 7511.

The parties entered into an agreement in 1966 under which Rytex was to perform certain services for Stevens. The agree[126]*126ment provided for arbitration, in accordance with the rules of the American Arbitration Association (AAA), of all contract disputes. Subsequently, when a controversy arose between the parties, Eytex initiated the arbitration proceeding which is the subject of this case. The parties were supplied by the AAA with a list of possible arbitrators, but were able to mutually agree upon only one, James T. Burnish (Burnish). In order to complete the three-arbitrator panel contemplated by the agreement, the AAA, in accordance with its rules, made an administrative appointment of Philip J. Kaplan (Kaplan) and Gerard Jerry Lincer (Lincer). Prior to agreeing upon Burnish, the parties had been advised by the AAA that he was employed by Deering Milliken, Inc. (Deering). In the letter notifying the parties of the appointments of Kaplan and Lincer, the AAA advised that Lincer was employed by Kenyon Piece Dyeworks (Kenyon). The letter concluded “if either party has any factual objections to the above appointments, it is requested that said objections be filed in writing with the undersigned on-or before January 6, 1972.” Eytex did not object to the selection of Burnish or Lincer until after the award was rendered, several months subsequent to the January 6 deadline for objecting to the Lincer or Kaplan appointments. No contention is made that Kaplan, the third arbitrator, was biased.

The arbitration hearing was held April 6,1972 and an award in favor of Stevens, signed by all three arbitrators, was issued on May 6,1972. It was only after receipt of the adverse award that Eytex claimed that the arbitrators were not impartial.

It is undisputed that both Deering and Kenyon, the respective employers of arbitrators Burnish and Lincer, had business dealings with Stevens, the successful party in the arbitration. However, Eytex’s claim of bias rests upon the more specific allegation that such business relationships were substantial, a claim which the Appellate Division found adequately supported by the record. The affidavit of Stevens’ vice-president reveals that the Deering and Kenyon firms between them did some $2.5 million in business with Stevens annually. Moreover, Lincer was the sales manager of Kenyon, and while no claim is made of any actual impropriety in his conduct as arbitrator stemming from this relationship, it could reasonably be inferred [127]*127that a person in his position might not have been acceptable as an arbitrator if the facts had been disclosed to Bytex.

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Bluebook (online)
312 N.E.2d 466, 34 N.Y.2d 123, 356 N.Y.S.2d 278, 1974 N.Y. LEXIS 1619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arbitration-between-j-p-stevens-co-rytex-corp-ny-1974.