2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 75 - (7501 - 7514) ARBITRATION
7511 - Vacating or modifying award.


NY CPLR § 7511 (2012) What's This?
 
    §  7511.  Vacating  or modifying award. (a) When application made.  An
  application to vacate or modify an award may be made by a  party  within
  ninety days after its delivery to him.
    (b) Grounds for vacating.
    1. The award shall be vacated on the application of a party who either
  participated in the arbitration or was served with a notice of intention
  to  arbitrate  if  the  court  finds  that the rights of that party were
  prejudiced by:
    (i) corruption, fraud or misconduct in procuring the award; or
    (ii) partiality of an arbitrator appointed as a neutral, except  where
  the award was by confession; or
    (iii) an arbitrator, or agency or person making the award exceeded his
  power or so imperfectly executed it that a final and definite award upon
  the subject matter submitted was not made; or
    (iv) failure to follow the procedure of this article, unless the party
  applying  to vacate the award continued with the arbitration with notice
  of the defect and without objection.
    2. The award shall be vacated  on  the  application  of  a  party  who
  neither  participated in the arbitration nor was served with a notice of
  intention to arbitrate if the court finds that:
    (i) the rights of that party were prejudiced by  one  of  the  grounds
  specified in paragraph one; or
    (ii) a valid agreement to arbitrate was not made; or
    (iii) the agreement to arbitrate had not been complied with; or
    (iv)  the  arbitrated claim was barred by limitation under subdivision
  (b) of section 7502.
    (c) Grounds for modifying. The court shall modify the award if:
    1. there  was  a  miscalculation  of  figures  or  a  mistake  in  the
  description  of  any person, thing or property referred to in the award;
  or
    2. the arbitrators have awarded upon a matter not  submitted  to  them
  and  the  award  may  be  corrected  without affecting the merits of the
  decision upon the issues submitted; or
    3. the award is imperfect in a  matter  of  form,  not  affecting  the
  merits of the controversy.
    (d) Rehearing. Upon vacating an award, the court may order a rehearing
  and  determination  of  all  or any of the issues either before the same
  arbitrator or before a new arbitrator appointed in accordance with  this
  article.  Time in any provision limiting the time for a hearing or award
  shall be measured from the date of such order or rehearing, whichever is
  appropriate, or a time may be specified by the court.
    (e) Confirmation. Upon the granting of a motion to modify,  the  court
  shall  confirm  the  award  as  modified; upon the denial of a motion to
  vacate or modify, it shall confirm the award.

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