Commercial Division Blog

Posted: August 4, 2023 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Seth D. Allen, Joshua Wurtzel, Channing J. Turner / Categories Commercial, Arbitration, Motion to Confirm

Court Confirms Arbitration Award Where Challenging Party Failed to Meet Heavy Burden

On June 23, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Grayco Alternative Partnership II, LP v. 5 Stone Green Capital LLC, 2023 N.Y. Misc. LEXIS 3024.  The Court granted Plaintiff’s motion pursuant to CPLR 7510 to confirm an arbitration award in their favor, finding that the Defendants had failed to meet their “heavy burden” necessary to vacate the award.  The Court explained:

Defendants ignore that they, as the party seeking to vacate the award, must bear the "heavy burden" of coming forth with "clear and convincing evidence" supporting their request (Muriel Siebert & Co v Ponmany, 190 AD2d 544, 544, 593 N.Y.S.2d 1010 [1st Dept 1993]). Here, Defendants have failed to provide such evidence. Defendants have not provided clear and convincing evidence of irrationality required to vacate an arbitral award, rather, they have merely attempted to relitigate matters previously addressed in the arbitral forum (Muriel Siebert & C. v Ponmany, 190 AD2d 544, 544, 593 N.Y.S.2d 1010 [1st Dept 1993]).

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning confirming an arbitration award pursuant to CPLR 7510.