Imperfectly Executed 1
New York Civil Practice Law & Rules (“CPLR”) Section 7511(b)(1)(iii) provides that an arbitration award “shall be vacated” where the arbitrator “so imperfectly executed [the award] that a final and definite award upon the subject matter submitted was not made” CPLR 7511(b)(1)(iii). The Federal Arbitration Act similarly authorizes vacatur “where the arbitrators…so imperfectly executed [their powers] that a mutual, final, and definite award upon the subject matter submitted was not made.” 9 U.S.C. § 10(a)(4).
In Professional, Clerical, Tech. Emps. Ass’n v. Board of Ed. for Buffalo City School Dist., ___ A.D.3d ___, 2018 N.Y. Slip Op. 04128, at *1 (4th Dep’t June 8, 2018), the New York Supreme Court, Appellate Division, Fourth Department, held that the trial court erred by confirming a labor arbitration award that did not adequately explain the basis for the compensation to be awarded or how it should be calculated. Continue Reading »
