CPLR Art 75 Volume 2

Question 1

7509. Modification of award by ARBITRATOR

• Within_______________ of delivery of an award, a party may apply for its modification. The arbitrators may modify the award upon certain grounds.
• Written notice of the application shall be given to _____________ to the arbitration.

Answer 1

twenty (20) days … other parties

Question 2

7509. Modification of award by ARBITRATOR

• Written objection to modification by arbitrator must be served on the arbitrators and other parties within _______________ of receipt of the notice.

Answer 2

ten (10) days

Question 3

7509. Modification of award by ARBITRATOR

• The arbitrators must issue a written decision on any application for arbitrator to modify the award within_________ of receiving any objections to the modification or the deadline for submitting objections, whichever is earlier, but the parties may extend this ________________ period in writing either before or after its expiration.

Answer 3

30 days………. thirty (30) day

Question 4

7510. Confirmation of award.

The court shall confirm an award upon application of a party made within ________ after its delivery to him, unless the award is vacated or modified

Answer 4

one year

Question 5

7511. Vacating or modifying award (by the Court).

When application made.
Within _________ after delivery of an award, a party may apply to the COURT vacate or modify it.

Answer 5

ninety (90) days

Question 6

7511. Vacating or modifying award (by the Court).

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) _________ 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 ___________ 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_________ , unless the party applying to vacate the award continued with the arbitration with notice of the defect and did not object.

Answer 6

Partiality …… exceeded his power……. this article

Question 7

7511. Vacating or modifying award (by the Court).

Grounds for vacating.

2. The award shall be vacated on the application of a party who neither ________ in the arbitration nor was ______ with a notice of intention to arbitrate if the court finds that:
   (i) the rights of that party were__________ by one of the grounds specified in paragraph one; or
   (ii) a valid _______ to arbitrate was not made; or
   (iii) the agreement to arbitrate had not been complied with; or
   (iv) the arbitrated claim was barred by a statute of limitation defense;

Answer 7

Participated………. served …… prejudiced… agreement ……..

Question 8

7511. Vacating or modifying award (by the Court).

Grounds for modifying.
The court shall modify the award if:
1. there was a ________ of figures or a mistake in the description of any person, thing or property referred to in the award; or
2. the arbitrators have awarded upon a matter ____________ 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 _________ , not affecting the merits of the controversy.

Answer 8

Miscalculation….. not submitted …….. form

Question 9

7511. Vacating or modifying award (by the Court).

Rehearing.

Upon vacating an award, the court may order a ________ and determination of all or any of the issues either before the same arbitrator or before a new arbitrator

• Any ____________ for a hearing or award will be restarted from the date of the order of rehearing or a time may be specified by the court

Answer 9

Rehearing ……… times limitations

Question 10

7511. Vacating or modifying award (by the Court).

Confirmation.

Upon the granting of a motion to modify, the court shall confirm the_________ award, and upon the denial of a motion to vacate or modify, it shall confirm the __________ award.

Answer 10

newly modified…. original

Question 11

7512. Death or incompetency of a party.

Arbitration proceedings may begin or continue after the death of a party to the agreement, upon the application of or notice to the ____________, ___________ , or, in _______________ arbitrations, distributee or devisee of the deceased party.

Answer 11

executor, administrator, real property

Question 12

7512. Death or incompetency of a party.

Where a ___________ of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee.

Answer 12

committee

Question 13

7512. Death or incompetency of a party.

Upon the death or incompetency of a party, the court may ____________ the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made.

Answer 13

extend

Question 14

7512. Death or incompetency of a party.

If a party dies after an award has been delivered, the proceedings are the same as if the party had died after a __________

Answer 14

verdict.

Question 15

7513. Fees and expenses.

Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including attorney’s fees, incurred in the conduct of the arbitration, shall be paid as provided in ________________

Answer 15

the award

Question 16

7513. Fees and expenses.

On application, the court may __________ or __________ any fee or expense it finds excessive or allocate it as justice requires.

Answer 16

reduce or bar

Question 17

7514. Judgment on an award.

A judgment shall be entered upon the confirmation of an award.

Judgment-roll.
The judgment-roll consists:

• of the original or a copy of the __________ and each written extension of time within which to make an award;
• the ___________ required for award by confession;
• the_____________ ;
• each __________ submitted to the court and each order of the court upon an application to confirm the award or to vacate or modify an award, and a copy of the judgment.

Answer 17

Agreement………. statement……. award………. paper

Question 18

7515. Mandatory arbitration clauses; prohibited.

Definitions as used in this section:

The term “employer” shall include all employers within the state, including __________

Answer 18

governments.

Question 19

7515. Mandatory arbitration clauses; prohibited.

Definitions as used in this section:

A “prohibited clause” is a contract provision that requires mandatory arbitration of ___________ claims, in violation of anti-discrimination laws.

Answer 19

discrimination

Question 20

7515. Mandatory arbitration clauses; prohibited.

Definitions as used in this section:

A “mandatory arbitration clause” is a term or provision in a written contract that requires the parties to submit any matter arising under the contract to arbitration prior to the commencement of any legal action to enforce the provisions of the contract, and that the arbitrator’s decision regarding a claim of ____________ which violates law shall be final and not subject to independent court review

Answer 20

discrimination

Question 21

7515. Mandatory arbitration clauses; prohibited.

Except where inconsistent with federal law, no written contract, entered into on or after the effective date of this section shall contain a prohibited clause requiring mandatory arbitration for ___________ claims, but any other non-prohibited clause or mandatory arbitration provision that the parties agree upon can be included. Any such prohibited clause in a contract shall be null and void. Any other non-prohibited provisions shall remain enforceable.

Answer 21

discrimination

Question 22

7516. Confirmation of an award based on a consumer credit transaction.

In any proceeding to confirm an award based on a consumer credit _______ , the party seeking to confirm the award shall plead the actual_____________ & ______________ of the agreement to arbitrate.

Answer 22

transaction……….. terms & conditions

Question 23

7516. Confirmation of an award based on a consumer credit transaction.

The party shall attach to its petition:

1. the _________ to arbitrate;
2. the __________ for arbitration or __________________ to arbitrate with proof of service; and
3. the arbitration award, with proof of service.

Answer 23

Agreement…demand ……… notice of intention

Question 24

7516. Confirmation of an award based on a consumer credit transaction.

If the _________ does not contain a statement of the claims submitted for arbitration, of the claims ruled upon by the arbitrator, and of the calculation of figures used by the arbitrator in arriving at the award, then the petition shall contain such a statement.

Answer 24

award

Question 25

7516. Confirmation of an award based on a consumer credit transaction.

The court shall not grant confirmation of an award based on a consumer credit transaction unless the party seeking to confirm the award has ___________ with this section.

Answer 25

complied