Overturning Arbitration In Ny

Summary

Overturning arbitration awards in New York is difficult, but possible under certain conditions such as evident partiality, arbitrators exceeding their powers, or procedural irregularities. Procedural errors, failure to apply laws correctly, and lack of a reasoned award can provide grounds for appeal. Success depends on the specific circumstances and evidence presented. Consider consulting a local attorney specializing in arbitration disputes for personalized advice.

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Summary of Issues While the Award may appear persuasive, it is not supported by the facts or evidence and is undermined by procedural and substantive errors that compromise the integrity of the arbitration and violate applicable New York City laws. Failure to Assess Evidence In violation of R-* and other rules, Mr. Rice failed to fairly weigh the evidence, relying on unsubstantiated statements over evidence and factually corroborated testimony. This undermines procedural fairness and results in an irrational award. Lack of Promised Construction Expertise Despite AAA’s Rules including R-*, Mr. Rice demonstrated a lack of understanding of construction work, principles, terminology and NYC regulatory requirements leading to misapplied contract terms and repair costs.
It sounds like you're dealing with significant procedural issues in your arbitration case. Challenging an arbitration award in New York can be difficult, but procedural irregularities or evidence of the arbitrator exceeding their powers can provide grounds for appeal. Would you like assistance in connecting with local lawyers who specialize in arbitration issues?
Failure to Apply Law and Contract Terms Correctly In violation of AAA Rules e.g. R-* and R-*, Mr. Rice failed to enforce contractual obligations, disregarded binding legal standards and public policy, and relied on flawed interpretations— excusing Jepol’s unlawful conduct and compromising the award’s validity. Procedural Bias and Unfair Conduct Mr. Rice’s decision to permit Jepol to present two separate cases, monopolize time, failing to enforce his own rulings, and his tolerance of procedural irregularities and favoritism violate multiple AAA provisions on fairness and neutrality. Additionally, case management was inefficient, with undue focus on irrelevant issues and an evidentiary imbalance.
It seems like you've encountered significant issues with your arbitration case. While I can provide general information, it might be beneficial to connect with a local attorney who specializes in arbitration disputes.
Would you like assistance in connecting with local lawyers in Massachusetts who can better assist you with your case?
Failure to Provide a Reasoned Award The award lacked a clear, itemized analysis linking contract terms to conclusions, with no explanations for rejecting costs from parties. Interest calculations disregarded CPLR, and the award failed to account for true costs to complete the work (e.g., new permits, inspections etc.), violating AAA Rules R-* and R-*. This failure undermines transparency, fairness, and the integrity of the award.
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It seems you're facing substantial procedural irregularities in your arbitration case which may warrant legal assistance. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, I can ask a few questions to proceed.
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It appears that you've encountered significant procedural issues in your arbitration case. While challenging an arbitration award can be difficult, the issues you've described might provide grounds for appeal. If you change your mind about connecting with local lawyers, feel free to reach out for assistance.
I heard they are unlikely to modify it if the discrepancy between the award and what I requested is large
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Challenging an arbitration award can be difficult, especially when there's a significant discrepancy between the award and your request. Procedural irregularities and failure to apply laws correctly might provide grounds for appeal, but success can vary. If you need further assistance, feel free to reach out.
what is the precedence in NY
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In New York, overturning an arbitration award is challenging, but there are precedents where awards have been vacated due to:
- Evident partiality or corruption in arbitrators.
- Arbitrators exceeding their powers.
- Procedural irregularities affecting the outcome.
Success depends on the specific circumstances and evidence.