N.Y. CPLR § 7511

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7511 Vacating or modifying award § 7511. Vacating or modifying award. (a) When application made. Anapplication to vacate or modify an award may be made by a party withinninety days after its delivery to him.(b) Grounds for vacating.1. The award shall be vacated on the application of a party who eitherparticipated in the arbitration or was served with a notice of intentionto arbitrate if the court finds that the rights of that party wereprejudiced by:(i) corruption, fraud or misconduct in procuring the award; or(ii) partiality of an arbitrator appointed as a neutral, except wherethe award was by confession; or(iii) an arbitrator, or agency or person making the award exceeded hispower or so imperfectly executed it that a final and definite award uponthe subject matter submitted was not made; or(iv) failure to follow the procedure of this article, unless the partyapplying to vacate the award continued with the arbitration with noticeof the defect and without objection.2. The award shall be vacated on the application of a party whoneither participated in the arbitration nor was served with a notice ofintention to arbitrate if the court finds that:(i) the rights of that party were prejudiced by one of the groundsspecified 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 thedescription of any person, thing or property referred to in the award;or2. the arbitrators have awarded upon a matter not submitted to themand the award may be corrected without affecting the merits of the any person, thing or property referred to in the award;or2. the arbitrators have awarded upon a matter not submitted to themand the award may be corrected without affecting the merits of thedecision upon the issues submitted; or3. the award is imperfect in a matter of form, not affecting themerits of the controversy.(d) Rehearing. Upon vacating an award, the court may order a rehearingand determination of all or any of the issues either before the samearbitrator or before a new arbitrator appointed in accordance with thisarticle. Time in any provision limiting the time for a hearing or awardshall be measured from the date of such order or rehearing, whichever isappropriate, or a time may be specified by the court.(e) Confirmation. Upon the granting of a motion to modify, the courtshall confirm the award as modified; upon the denial of a motion tovacate or modify, it shall confirm the award.