§ 7511 — Vacating or modifying award

New York § 7511

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 75: Arbitration

Text

§ 7511. Vacating or modifying award. (a) When application made. An\napplication to vacate or modify an award may be made by a party within\nninety days after its delivery to him.\n (b) Grounds for vacating.\n 1. The award shall be vacated on the application of a party who either\nparticipated in the arbitration or was served with a notice of intention\nto arbitrate if the court finds that the rights of that party were\nprejudiced by:\n (i) corruption, fraud or misconduct in procuring the award; or\n (ii) partiality of an arbitrator appointed as a neutral, except where\nthe award was by confession; or\n (iii) an arbitrator, or agency or person making the award exceeded his\npower or so imperfectly executed it that a final and definite award upon\nthe subject matter submitted was not made; or\n (iv) failure to follow the procedure of this article, unless the party\napplying to vacate the award continued with the arbitration with notice\nof the defect and without objection.\n 2. The award shall be vacated on the application of a party who\nneither participated in the arbitration nor was served with a notice of\nintention to arbitrate if the court finds that:\n (i) the rights of that party were prejudiced by one of the grounds\nspecified in paragraph one; or\n (ii) a valid agreement to arbitrate was not made; or\n (iii) the agreement to arbitrate had not been complied with; or\n (iv) the arbitrated claim was barred by limitation under subdivision\n(b) of section 7502.\n (c) Grounds for modifying. The court shall modify the award if:\n 1. there was a miscalculation of figures or a mistake in the\ndescription of any person, thing or property referred to in the award;\nor\n 2. the arbitrators have awarded upon a matter not submitted to them\nand the award may be corrected without affecting the merits of the\ndecision upon the issues submitted; or\n 3. the award is imperfect in a matter of form, not affecting the\nmerits of the controversy.\n (d) Rehearing. Upon vacating an award, the court may order a rehearing\nand determination of all or any of the issues either before the same\narbitrator or before a new arbitrator appointed in accordance with this\narticle. Time in any provision limiting the time for a hearing or award\nshall be measured from the date of such order or rehearing, whichever is\nappropriate, or a time may be specified by the court.\n (e) Confirmation. Upon the granting of a motion to modify, the court\nshall confirm the award as modified; upon the denial of a motion to\nvacate or modify, it shall confirm the award.\n