ADR/Mediation Services - SCJ

The applicants sought to set aside or appeal four arbitral awards arising from a dispute over a $20 million charitable donation and associated naming rights for a community campus.

The arbitrator had found that the applicants breached their obligations and declared that the respondents were entitled to revoke the naming rights.

The Superior Court of Justice dismissed the applications, finding no jurisdictional errors, breaches of procedural fairness, or extricable errors of law.

The court held that the arbitration agreement precluded appeals and that the arbitrator's findings on issues including contract formation, relief from forfeiture, and damages were reasonable and supported by the evidence.

The respondents' cross-application to recognize and enforce the arbitral awards was granted.

The applicants sought to set aside an international commercial arbitration award arising from a failed commercial real estate relationship.

The court held that the arbitration agreement did not bar recourse under Article 34 of the Model Law where mandatory procedural protections and public policy were engaged.

The arbitral tribunal's undisclosed meeting with a prior adjudicator without notice to the parties breached the parties' arbitration agreement and met the threshold for potential relief under Article 34(2)(a)(iv).

However, weighing the seriousness of the breach against prejudice, waiver-related conduct, and the practical consequences of setting aside the award, the court exercised its discretion not to disturb the award.