In re the Arbitration between Albert Elia Building Co. & County of Niagara
Opinion of the Court
Judgment and order reversed on the law and facts, with costs to the appellant and matter remitted to Special Term for further proceedings in accordance with the memorandum. Memorandum: In our opinion. Special Term in the exercise of a proper discretion should have conducted a hearing as to the issues raised by appellant’s cross motion to vacate the award on the ground that it had been prejudiced by the claimed misbehavior of the arbitrators. (Civ. Prac. Act. § 1462, subd. 3.) The present record presents a grave question as to the propriety of the actions of one or more of the arbitrators in repeatedly discussing with the parties the matter of fees. If the arbitration had been conducted as the demand therefor suggested, under the rules of the American Arbitration Association, it might be found that the arbitrators were to serve without compensation. In any event those mies are specific “that any arrangements for the compensation of a panel arbitrator shall be made through the Administrator and not directly by him with the parties.” If this rule was applicable there was a violation thereof by one or more of the arbitrators. If. on the other hand, the arbitrators had decided that another provision in the basic contract, permitting them to fix their compensation, was controlling it should have heen implemented without further ado. The eountv was further embarrassed and possibly prejudiced by the activities of the association’s vice-president in charge pf tribunals in suggesting that the parties stipulate to pay
Case-law data current through December 31, 2025. Source: CourtListener bulk data.