Reply To: overturn a beis din decision

Ctlawyer or anyone, there does appear to be some limits on the arbitrator. If you live in a homeowners assn, and you have a dispute over a neighbor’s trees encroaching on your property line, can the arbitrator rule the violator has to pay the offended neighbor $1 million? I would hope not. But CT lawyer, you’re saying if the agreement is like mine, the sky is the limit. So here’s what i found

link removed per NYS, “An arbitration award can be vacated by a court pursuant to CPLR 7511 (b) (1) (iii) on only three narrow grounds: if it is clearly violative of a strong public policy, if it is totally or completely irrational, or if it manifestly exceeds a specific, enumerated limitation on the arbitrator’s power”

link removedIn a 7/19/10 ruling, the Suprement Court “Holding that arbitrator being itself a constituent of an agreement to such effect . . . The Court. . . held that the arbitrator derived its authority from the agreement and his terms of reference being determined by the agreement, he could not pass an award against or beyond the contractual stipulations.”