§ 7511. Vacating or modifying award.

440 words·~2 min read·/ny/civil-practice-law-rules/arbitration/7511

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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;

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.