MATTER OF SIDNEY PHILIP GILBERT ASSOCS.


213 A.D.2d 281 (1995)

624 N.Y.S.2d 824

In the Matter of the Arbitration between Sidney Philip Gilbert Associates, Respondent, and Taisei Construction Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1995


Respondent-appellant did not meet its burden of proving misconduct and partiality on the part of the arbitrators so as to warrant vacatur of the award pursuant to CPLR 7511 (b) (1) (i) and (ii). Taisei Construction Corporation failed to establish that the arbitrators either treated it unfairly or displayed partiality in their evidentiary rulings. Furthermore, the record does not sustain the claim that the arbitrators exhibited ethnic bias. Respondent's argument that the arbitrators...

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