9 N.Y.2d 878 | NY | 1961
Dissenting Opinion
Control of the courts over arbitrations and arbitrators is such only as is given by statute. The only statute which could have any application here is subdivision 2 of section 1462 of the Civil Practice Act which directs the vacatur of an award “ Where there [is] evident partiality or corruption in the arbitrators or either of them”. In this case, as the Appellate Division itself points out, ‘1 There has been no attempt to prove actual partiality; but appellant contends that the award must be vacated because of certain relationships—unknown and undisclosed to it—
If the courts had any general supervisory power over arbitrators and arbitrations, we could apply higher standards but the only standard available is the statutory one of “ evident ” partiality and, concededly, such was not shown here.
I would reverse and reinstate the order of Special Term, with costs.
Order affirmed, etc.
Lead Opinion
Order affirmed, with costs, upon the opinion in the Appellate Division.
Concur: Judges Dye, Ftjld, Froessel, Burke and Foster. Chief Judge Desmond dissents in the following opinion in which Judge Van Voorhis concurs.