Arbitration - Oct. 9

Question 1

Arbitration [CPLR Article 75] - Alternative to Litigation

Answer 1

Private Litigation enforced by the Courts through Special Proceedings

Question 2

Arbitration - Concept

Answer 2

Arbitration is private litigation, controlled by:
- the standards and guardrails of CPLR Article 75
- and the arbitration agreement between the parties

In confirming arbitration awards, the Court’s are only to assure the minimal requirements of CPLR Article 75 are adhered to.

Courts shall not consider whether the claim is tenable and shall not otherwise pass on the merits of the dispute. CPLR 7501.

The policy is to uphold and enforce the agreement to arbitrate and to uphold and enforce the results of the arbitration, so long as the minimial legal protections were met under Article 75.