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Non-party?s ability to challenge an arbitration award is limited

By Harvey Randall, Esq.

Non-party?s ability to challenge an arbitration award is limited
Matter of Patrolmen?s Benevolent Assn. of the City of New York, Inc. v District Council 37, AFSCME, AFL-CIO, 38 A.D.3d 449

On January 17, 2006, Supreme Court confirmed an arbitrator?s award resolving a dispute between District Council 37 [DC-37] and the City of New York.

The Patrolmen?s Benevolent Association [PBA], which had not been a party to the arbitration between DC-37 and the City, asked the court to vacate the award that was issued by the arbitrator.

Supreme Court dismissed the PBA?s petition and the Appellate Division affirmed that ruling, holding that:

PBA did not have standing, either under statute or common law, to seek vacatur of the award rendered as a result of that arbitration; and

PBA?s allegations that it would be harmed by the arbitration award ?were too speculative to give rise to a cognizable interest?.?

Full post as published by New York Public Personnel Law on January 16, 2008 (boomark / email).