A. Modification of Award By Arbitrator

• Jurisdiction: New York

A. Modification of Award by Arbitrator

Within 20 days after delivery of the award to the parties, either party may make a written application to the arbitrator for modification of the award. Written notice of the application to modify must be given to the other parties, and any written objection to modification must be served on the arbitrator and on the other parties within ten days after receipt of the notice.¹¹⁹

Judicial deference to arbitration awards has a long and deep-rooted history in our jurisprudence.¹²⁰ Modification of the award by the arbitrator or the court is available only on the grounds specified in CPLR 7511(c). Arbitration awards are not reviewed for errors of law or fact.¹²¹ The award may be modified if there has been a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award; if the award is on a matter that was not before the arbitrator and it may be corrected without affecting the merits of the decision upon the issues submitted; or if the award is imperfect as a matter of form not affecting the merits of the controversy.¹²²

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Notes:

^[119] CPLR 7509.

^[120] Samuel Estreicher & Kenneth J. Turnbull, The "Public Policy" Defense Revisited, N.Y.L.J., Aug. 9, 2000, p. 21, col. 3. See Rockwell Glob. Cap., LLC v. Rotman, 2013 N.Y...