Does a motion to confirm have to file for all awards included in an arbitration?
My question involves court procedures for the state of: New York.
The arbitrator awarded to me a certain sum, and about twice as much was awarded to the opposing party. The contract that was arbitrated required NY law. My counsel suggested that there are reasons to file a motion to vacate, under a "manifest disregard of the law" rationale. I'm in Connecticut, and the counsel thinks the motion to vacate could be filed in Connecticut. My question is if when filing in court a motion to confirm the award, the adversary party and I have both the opportunity to just ask for our portion of the award. Might there be a different treatment if this is done within 30 days from the award, or if done after 30 days from the award. For instance I can file a motion to confirm only my award, if I do it within 30 days, but if I do it after 30 days and within one year when I file to confirm I have to ask for for conforming both together. Is that correct or what is the law in this case?
My question involves court procedures for the state of: New York.
The arbitrator awarded to me a certain sum, and about twice as much was awarded to the opposing party. The contract that was arbitrated required NY law. My counsel suggested that there are reasons to file a motion to vacate, under a "manifest disregard of the law" rationale. I'm in Connecticut, and the counsel thinks the motion to vacate could be filed in Connecticut. My question is if when filing in court a motion to confirm the award, the adversary party and I have both the opportunity to just ask for our portion of the award. Might there be a different treatment if this is done within 30 days from the award, or if done after 30 days from the award. For instance I can file a motion to confirm only my award, if I do it within 30 days, but if I do it after 30 days and within one year when I file to confirm I have to ask for for conforming both together. Is that correct or what is the law in this case?
Mediation and Arbitration: Filing Motions to Confirm and to Vacate Awards
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