The respondent brought a motion seeking leave to appeal interim arbitral awards, to set aside those awards, for the arbitrator to recuse himself, and to nullify the mediation/arbitration agreement and costs awards.
The applicant brought a cross-motion to dismiss the respondent's motion and to enforce the February 2024 arbitral award.
The court dismissed the respondent's motion, finding his request for leave to appeal the 2019 award was statute-barred and that he failed to identify errors of law for the 2024 award.
The court also found no reasonable apprehension of bias by the arbitrator, no legal incapacity for the agreement, and no basis to invalidate the costs awards.
The applicant's motion to enforce the February 2024 arbitral award was granted due to the respondent's flagrant and willful disobedience of arbitral awards and court orders.
