NCJ Number
104821
Journal
Fordham Urban Law Journal Volume: 14 Issue: 3 Dated: (1985-1986) Pages: 523-558
Date Published
1986
Length
39 pages
Annotation
This article examines the well over 200 appeals in arbitration cases coming before the New York State Court of Appeals from January 1973 to September 1985.
Abstract
Following a review of arbitration proceedings in general, the article discusses issues in selecting and initiating arbitration, such as the appropriateness of arbitration and considerations in drafting an arbitration clause. A discussion of judicial proceedings related to arbitration prior to the award focuses on proceedings to compel or resist arbitration. Issues addressed are whether there was an agreement to arbitrate, whether there was compliance with the agreement, whether the arbitration is barred by a time limitation, and whether the right to arbitrate was waived. Regarding judicial participation in arbitration proceedings, the court has held that issues related to arbitration procedures are to be addressed to and resolved by the arbitrator. An examination of the judicial review of arbitration awards covers the scope of judicial review, standards of judicial review in various case classes, judicial review of remedies, and the judicial review of the status or conduct of the arbitrator. 133 footnotes.