(DOWNLOAD) "Matter Board Education Dover Union Free School District v. Dover-Wingdale Teachers Association" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Board Education Dover Union Free School District v. Dover-Wingdale Teachers Association
- Author : Court of Appeals of New York
- Release Date : January 20, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Any limitation upon the remedial power of the arbitrator must be clearly contained, either explicitly or incorporated by reference, in the arbitration clause itself. (Matter of Silverman [ Benmor Coats ], 61 N.Y.2d 299.) To infer a limitation from an ambiguous and general clause in the substantive provisions of the agreement would, in effect, require judicial interpretation of the contract and judicial interference with an arbitration award which should be avoided unless that award be violative of a strong public policy, totally irrational or in excess of a specifically enumerated limitation upon arbitral authority. (Matter of Sprinzen [ Nomberg ], 46 N.Y.2d 623, 629-630; Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co., 37 N.Y.2d 91, 95.) The limitation urged by petitioner Board of Education meets none of these criteria and, consequently, provides no basis for vacating the award.
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