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MATTER OF WHALE SECURITIES CO., L.P.

271 A.D.2d 226 (2000)

705 N.Y.S.2d 358

In the Matter of the Arbitration between WHALE SECURITIES CO., L.P., Appellant, and RAYMOND GODFREY, Respondent.

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

Decided April 4, 2000.

The motion court erred in concluding that the arbitration at issue was "compulsory" rather than "voluntary," thereby providing a broader than usual scope of judicial review. An arbitration is not "compulsory" such as to confer a broader scope of judicial review unless the obligation arises out of a statutory mandate (Matter of MVAIC v Aetna Cas. & Sur. Co., 89 N.Y.2d 214, 223). Here...

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