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S6060Senate2017-2018 SessionSame asA1370

Let Courts Overturn Bad Arbitration

Official title

“Authorizes the vacating of an arbitration award on the basis of arbitrator disregard of the law”

Sponsor Tony AvellaSD-11+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows arbitration awards in New York to be vacated if the arbitrator shows a manifest disregard of the law.

Why it matters

  1. Expands Judicial Oversight. By allowing courts to vacate arbitration awards for "manifest disregard of the law," the bill increases judicial oversight over arbitration, potentially making arbitration outcomes more accountable to established legal standards.

  2. Protects Against Arbitrator Error. This change gives parties in arbitration an added safeguard if an arbitrator blatantly ignores or misapplies clear legal principles, helping ensure that arbitration is not used to circumvent important legal rights.

  3. May Impact Arbitration’s Finality. Introducing this ground for vacatur could make arbitration awards more susceptible to court challenges, possibly undermining the traditional speed and finality that make arbitration attractive for resolving disputes.

  4. Aligns State Law with Federal Trends. The proposed amendment echoes language used in federal courts, potentially harmonizing New York’s arbitration law with broader interpretations and expectations about arbitrator conduct and the enforceability of awards.

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Who cares

Headline styles

Let Courts Overturn Bad Arbitration

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1370Assembly

Let Courts Void Unlawful Arbitration

In Senate Committee · Codes · Sponsor Helene Weinstein

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6060

2017-2018 Regular Sessions

IN SENATE

May 10, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to vacating arbitration awards on the basis of arbitrator disregard of the law

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraph (iv) of paragraph 1 of subdivision (b) of section 7511 of the civil practice law and rules is amended and a new subparagraph (v) is added to read as follows:

(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[.]; or

(v) the arbitrator evidenced a manifest disregard of the law in rendering the award.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02866-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to vacating arbitration awards on the basis of arbitrator disregard of the law

Purpose of bill

To permit an arbitration award to be vacated as a result of an arbitrator's manifest disregard of the law.

Summary of provisions of bill

This bill would add a new subdivision to CPLR 7511, which would permit an arbitration award to be vacated due to arbitral manifest disregard of law.

Justification

Under existing law, an arbitration award can be vacated if "completely irrational", a high standard for the losing arbitral litigant to overcome. As noted by Professor Siegel, even an arbitrator's "manifest disregard of the law" is not a basis for vacating an award in New York State. New York Practice, Firth Edition, Sec. 602. While arbitration can be a useful tool for persons to settle disputes in a more timely and cost-effective way, such resolutions should not be totally divorced from applicable standards of law.

Thus, a measured and prudent way in which arbitrators should be required to reasonably follow applicable legal standards in resolving disputes would be permit awards to be vacated if arbitrators evidence a "manifest disregard of the law".

This standard has been used in federal practice for many years as a basis to vacate arbitration awards. In fact, the Circuit Court of Appeals, Second Circuit has well-honed this standard as follows: "...first, whether the governing law alleged to have been ignored by the arbitrators was well defined, explicit, and clearly applicable, and, second, whether the arbitrator knew about the existence of a clearly governing legal principle but decided to ignore it or pay no attention to it". internal citations omitted Schwartz v. Merrill Lynch & Co., Inc., 665 F. 3d 444 (2011).

In setting such a clear standard of law for the vacating of arbitration awards, this bill would provide greater clarity to the Courts in determining whether an award would be subject to vacatur due to failure to follow applicable law. Such a standard would also compel arbitrators to make a good faith and reasonable attempt to follow provisions of substantive law, which they presently are not required to do.

Legislative history

2017: A.1370 (Weinstein) 2016: A.9993 (Weinstein)

Fiscal implications for state and local governments

None.

Effective date

This bill shall take effect on the one hundred eightieth day after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.