Which grounds may be raised to vacate or modify an arbitration award?

• A. Misconduct; Bias; Excess of power; Procedural defects
• B. Lack of venue; Failure to swear in a witness; Ambiguity in contract; Expiration
• C. The arbitrator's hair color
• D. The amount of the award

Answer: (A)

In New York, you can seek to vacate or modify an arbitration award only on specific, tightly defined grounds related to how the arbitration was conducted or the arbitrator’s authority. The recognized grounds include misconduct by the arbitrator, evident bias or partiality, arbitrators exceeding their powers (acting beyond the scope of the mandate), and procedural defects that deprived a party of due process or a fair hearing. This framework comes from CPLR 7511 and is why those elements are the valid bases for challenging an award.

Other issues listed do not fit the standard grounds. Lack of venue, failure to swear in a witness, ambiguity in the contract, or expiration aren’t recognized as general grounds to vacate or modify an award. The amount of the award could only be addressed if there were a specific error in calculation or clerical mistake, not as a broad ground to vacate. The arbitrator’s hair color is, of course, irrelevant.