Which of the following is not a ground for vacating or modifying an arbitration award?

• A. Misconduct
• B. Bias
• C. Excess of power
• D. Failure to timely file a notice of appeal

Answer: (D)

In New York, challenges to an arbitration award are handled through a motion to vacate, modify, or correct the award under CPLR 7511. The grounds for such a motion are limits on what the arbitrator did: misconduct or corruption by the arbitrator, evident partiality or bias, and the arbitrators exceeding their powers or acting beyond the scope of the agreement. These are the legitimate reasons a court can set the award aside or modify it.

Failing to timely file a notice of appeal is not one of these grounds because, in New York, there is no direct appeal of an arbitration award. Review is limited to vacating, modifying, or correcting the award on the enumerated grounds, within the applicable time limits.

So the reason the choice about missing an appeal is the correct answer is that it does not constitute a ground for vacating or modifying an arbitration award.