law question?

Question

can a court set aside an arbitration award on the ground that the award violates pulic policy?

the court has jurisdiction. this has nothing to do with child support. nvm i figured out. The answer is yes because public policy is the basis of lawsuits. Abitration awards will most likely be nulled if it violates public policy.

Contracts (arbitration awards) are not enforceable when they have a negative impact on society. (contrary to public policy).

Answer 1

It is not correct to say that "The answer is yes because public policy is the basis of lawsuits."

Furthermore, public policy is rarely successfully invoked in the courts. For an historical account, see Paulsen & Sovern, "Public Policy in the Conflict of Laws", http://www.uniset.ca/other/art/56ColumLRev969.html (Sovern is now Chairman of Sotheby's; he was dean of Columbia Law School and then president of the University).

If you could show that an arbitration award DID violate public policy it would not be enforced. But given the New York Arbitration Convention and the Lloyd's of London cases in the 1990s, you'd be hard put to make that stick in a US court. http://snurl.com/lloydata

In a French court, maybe. Ordre public is a different concept in terms of its application.

There's actually quite a bit of scholarly work in this area. Check Westlaw's JLR directory, if you have access.

Answer 2

The arbitrator is the sole judge of the quality and quantity of evidence, and is the master of the fact and law. The Award of the arbitrator could only be vitiated by the court if the arbitrator has misconducted himself or the proceedings, if it is otherwise procured or if it is against the Public policy of the state. Generally the courts do not interfere with the award of the arbitrator as he is the chosen judge of the parties.

Answer 3

The question can't be accurately answered given the information you provided. Different states have different laws concerning the amount of deference given an arbitration award.

In New York CPLR Sec. 7511 controls efforts to set aside an arbitration:

§ 7511. Vacating or modifying award

(a) When application made. An application to vacate or modify an award may be made by a party within ninety days after its delivery to him.

(b) 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) partiality 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 exceeded his power 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 this article, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection.

As you can see, public policy considerations are not included as a basis on which to set aside an award.

Answer 4

To do so the Court would have to have jurisdiction over th issues to begin with. There are things that the Court must Approve even after an arbitration. such as child support.

Answer 5

depending on the nature of the case,yes,judges has the power of descretioin in the best interest even if it violates public law.