Brooklyn, NY asked in Contracts, Divorce and Arbitration / Mediation Law for New York

Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my Cross Motion.

In this Motion the Petitioner wrote New Facts and New Arguments not mentioned in his Original Petition

I put in Papers to respond to these new facts and new arguments. But Petitioner is asking the Judge not

to accept my papers

4. Do I have a legal right to respond to Petioner's response to my cross petition - especially as Petitioner

raised new facts and arguments?

2 Lawyer Answers
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: I think yes.


David H. Relkin
David H. Relkin
  • Arbitration & Mediation Lawyer
  • Manhasset, NY
  • Licensed in New York

A: Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to raise new facts on Reply.

The letter to the Court by the Petitioner should be responded to based on this ground.

As a sidebar, I have conducted arbitrations and motions to confirm and vacate Awards for over 30 years and a motion to confirm an Arbitration Award is almost always granted. In fact, an arbitrator is not even required to follow the law so long as it is not wholly irrational. I recommend that you consult an attorney regarding the Petition to give you the best advice. It is difficult to provide advice given the few facts that you have provided.

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