Vacatur Under the FAA – It Isn’t Easy
- May 22 2024
By: Jeffrey M. Haber This Blog has posted numerous articles concerning vacatur of an arbitration award under Article 75 of the Civil Practice Law and Rules (“CPLR”). E.g., here, here, …
Category: Vacatur
Personal Jurisdiction and the Vacatur of Defaults
- May 3 2024
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates …
Court Rejects Attempt to Modify and Vacate Arbitration Award
- Mar 13 2024
By: Jeffrey M. Haber In New York, Article 75 of the Civil Practice Law and Rules (“CPLR”) governs the confirmation, vacatur, modification, and enforcement of arbitration awards. Under CPLR 7511(b)(1)(iii), …
Manifest Disregard of the Law and the Arbitrability of Class Claims
- Jun 26 2023
By: Jeffrey M. Haber Under Section 10(a) of the Federal Arbitration Act (“FAA”), a court will vacate an arbitral award for the following reasons: (1) the award was procured by …
Collateral Estoppel, Finality of Arbitration and Newly Discovered Evidence
- Jun 14 2023
By: Jeffrey M. Haber The doctrine of collateral estoppel prevents a party from relitigating an issue that was “raised, necessarily decided and material in the first action,” provided the party …
Court Finds Performance of an Accounting Within the Scope of the Arbitrator’s Authority
- Nov 2 2022
By: Jeffrey M. Haber It is well settled that the scope of judicial review of an arbitration proceeding is very limited. An arbitration award will be confirmed as long as …
Arbitration Decided By Dispositive Motion Held Not To Violate CPLR 7511(b)
- Jun 13 2022
By: Jeffrey M. Haber Litigation can be lengthy, costly and potentially damaging to the financial viability of a business and the financial security of an individual. Often, the parties can …
Clarified Arbitration Awards, Arbitrator Bias and Vacatur
- Mar 2 2022
By: Jeffrey M. Haber Arbitration is an alternative dispute resolution mechanism that enables parties to resolve disputes without going to court. Arbitration is similar to a trial without the formalities. …
First Department Finds Arbitrator Exceeded Authority By Awarding Relief Not Demanded
- Feb 14 2022
By: Jeffrey M. Haber As readers know from past articles, CPLR § 7511 (b) sets forth the statutory grounds for vacating an arbitration award. Under that section, a court may vacate …
Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
- Nov 15 2021
By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead …
