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This entry was published on 2014-09-22
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Vacating or modifying award
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75
§ 7511. Vacating or modifying award. (a) When application made. An
application to vacate or modify an award may be made by a party within
ninety days after its delivery to him.

(b) Grounds for vacating.

1. The award shall be vacated on the application of a party who either
participated in the arbitration or was served with a notice of intention
to arbitrate if the court finds that the rights of that party were
prejudiced by:

(i) corruption, fraud or misconduct in procuring the award; or

(ii) partiality of an arbitrator appointed as a neutral, except where
the award was by confession; or

(iii) an arbitrator, or agency or person making the award exceeded his
power or so imperfectly executed it that a final and definite award upon
the subject matter submitted was not made; or

(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.

2. The award shall be vacated on the application of a party who
neither participated in the arbitration nor was served with a notice of
intention to arbitrate if the court finds that:

(i) the rights of that party were prejudiced by one of the grounds
specified in paragraph one; or

(ii) a valid agreement to arbitrate was not made; or

(iii) the agreement to arbitrate had not been complied with; or

(iv) the arbitrated claim was barred by limitation under subdivision
(b) of section 7502.

(c) Grounds for modifying. The court shall modify the award if:

1. there was a miscalculation of figures or a mistake in the
description of any person, thing or property referred to in the award;

2. the arbitrators have awarded upon a matter not submitted to them
and the award may be corrected without affecting the merits of the
decision upon the issues submitted; or

3. the award is imperfect in a matter of form, not affecting the
merits of the controversy.

(d) Rehearing. Upon vacating an award, the court may order a rehearing
and determination of all or any of the issues either before the same
arbitrator or before a new arbitrator appointed in accordance with this
article. Time in any provision limiting the time for a hearing or award
shall be measured from the date of such order or rehearing, whichever is
appropriate, or a time may be specified by the court.

(e) Confirmation. Upon the granting of a motion to modify, the court
shall confirm the award as modified; upon the denial of a motion to
vacate or modify, it shall confirm the award.