N.Y. Comp. Codes R. & Regs. tit. 22 § 28.13

Current through Register Vol. 46, No. 51, December 18, 2024

Section 28.13 - Motion to vacate award

(a) Any party, except one who has demanded a trial de novo, within 30 days after the award is filed, may serve upon all other parties who have appeared and file with the appropriate court clerk a motion to vacate the award on only the grounds that the rights of the moving party were prejudiced because:

(1) there was corruption, fraud or misconduct in procuring the award;

(2) the panel making the award exceeded its power or so imperfectly executed it that a final and definite award was not made; or

(3) there was a substantial failure to follow the procedures established by or pursuant to these rules;

unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection.

(b) Copies of the motion papers shall be served upon the commissioner within two days after filing. If the motion to vacate is granted, the case shall be returned to the top of the arbitration calendar and submitted to a new panel.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 28.13