(a) When application made. An application to vacate or modify an award may be made by a party within ninety days after its delivery to him.
§ 7511.Vacating or modifying award.
Article 75. Arbitration · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7511 lists the narrow grounds — like fraud, arbitrator bias, or an arbitrator exceeding their power — on which a New York court may vacate or modify an arbitration award, and requires the application within ninety days of delivery.
Full Text of CPLR 7511
(b) Grounds for vacating.
1. The award shall be vacated on the application of a party who either participated in the arbitration or was served with a notice of intention to arbitrate if the court finds that the rights of that party were prejudiced by:
(i) corruption, fraud or misconduct in procuring the award; or
(ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; or
(iii) an arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or
(iv) failure to follow the procedure of this article, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection. 2. The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a notice of intention to arbitrate if the court finds that:
(i) the rights of that party were prejudiced by one of the grounds specified in paragraph one; or
(ii) a valid agreement to arbitrate was not made; or
(iii) the agreement to arbitrate had not been complied with; or
(iv) the arbitrated claim was barred by limitation under subdivision (b) of section 7502.
(c) Grounds for modifying. The court shall modify the award if: 1. there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award; or 2. the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or 3. the award is imperfect in a matter of form, not affecting the merits of the controversy.
(d) Rehearing. Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrator or before a new arbitrator appointed in accordance with this article. Time in any provision limiting the time for a hearing or award shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court.
(e) Confirmation. Upon the granting of a motion to modify, the court shall confirm the award as modified; upon the denial of a motion to vacate or modify, it shall confirm the award.
Plain-English Summary
Courts don't get to second-guess an arbitrator's judgment call, but CPLR 7511 draws the line where they can step in. A party has ninety days after the award is delivered to apply to vacate or modify it. What counts as a valid ground depends on whether the party took part in the arbitration.
For a party who participated, or who was served with a notice of intention to arbitrate, the court will vacate the award only if that party's rights were prejudiced by corruption, fraud, or misconduct in procuring the award; by partiality of a neutral arbitrator (unless the award was by confession); by an arbitrator exceeding or so imperfectly using their power that no final, definite award resulted; or by a failure to follow Article 75's procedures, unless the party kept arbitrating with notice of the defect and no objection. A party who never took part and was never served gets a broader set of grounds — the same prejudice grounds above, plus the chance to argue that no valid agreement to arbitrate ever existed, that it wasn't followed, or that the claim was time-barred under CPLR 7502(b).
Modification, by contrast, covers narrower, more mechanical problems: a miscalculation or misdescription, an award that reaches an issue nobody submitted (where fixing it doesn't touch the merits), or an award that's imperfect in form without affecting the substance. When a court vacates an award, it can order a rehearing before the same arbitrator or a newly appointed one, with any time limits measured from the date of that order. And whatever the court decides, the process ends in a judgment: granting modification means confirming the award as modified, and denying vacatur or modification means confirming the award as it stands.
Frequently Asked Questions
How do I vacate an arbitration award in New York?
File an application under CPLR 7511 within ninety days after the award is delivered to you, and show one of the grounds the statute lists, such as fraud, arbitrator bias, or the arbitrator exceeding their power.
How long do I have to challenge an arbitration award in New York?
Ninety days after the award is delivered, under CPLR 7511(a).
What are the grounds to vacate an arbitration award if I participated in the arbitration?
Corruption, fraud, or misconduct in procuring the award; partiality of a neutral arbitrator; an arbitrator exceeding or imperfectly executing their power; or a failure to follow Article 75's procedures without your having waived the defect by continuing without objection.
Can I vacate an award if I never took part in the arbitration?
Yes, and CPLR 7511(b)(2) gives you extra grounds beyond the prejudice grounds available to participants — including that no valid arbitration agreement existed, that it wasn't complied with, or that the claim was time-barred.
What's the difference between vacating and modifying an arbitration award?
Vacating undoes the award on grounds like fraud or an arbitrator's overreach; modifying under CPLR 7511(c) only fixes narrow, mechanical problems — a miscalculation, an award on an unsubmitted issue, or a formal imperfection — without disturbing the merits.
What happens after a court vacates an arbitration award in New York?
CPLR 7511(d) lets the court order a rehearing before the same or a newly appointed arbitrator, with any time limits for a new hearing or award measured from the date of that order.
If the court denies my motion to vacate an arbitration award, what happens next?
CPLR 7511(e) requires the court to confirm the award once it denies a motion to vacate or modify it, turning the award into a judgment.
Advisory Committee Notes
Subd (a) of this section is adopted from CPA § 1463. The last sentence of CPA § 1463 has been omitted as unnecessary; it provided power for a stay of enforcement when a motion to vacate or modify an award was made. This power exists under normal order to show cause procedure.
The grounds stated in subd (b) of this section for vacating an award are substantially the same as the former grounds of CPA § 1462. See, generally, Rothstein, Vacation of Awards for Fraud, Bias, Misconduct and Partiality, 10 Vand L Rev 813 (1957). The first ground includes corruption, fraud or other misconduct by a party, arbitrator or third person. Unlike CPA § 1462(2), partiality was a ground for vacation under subparagraph 2 only with respect to an arbitrator appointed as a neutral except where the award was by confession. This provision takes cognizance of the common practice of each party appointing his own arbitrator who is not individually expected to be neutral; obviously, partiality of such arbitrators should not be a ground for vacating the award. See Pirsig, The New Uniform Arbitration Act, The Business Lawyer 44, 47–48 (April 1956). The provision in CPA § 1462 for costs when an award was vacated has been treated in the general provision for costs. Subparagraph 2 of this subd is taken from part of CPA § 1458(2) and from CPA § 1462(5).
The grounds stated in subd (c) of this section for modification of an award are substantially the same as those in CPA § 1462-a. This article uses the word “modify” to include “correct.” The language of CPA § 1462-a(3), which utilized a referee’s report as an analogy, has been dropped because it appeared to cause confusion without being helpful. See Sturges, Some General Standards for a State Arbitration Statute, 7 Arb J (ns) 194, 195 (1952).
Subd (d) of this section adopts the provisions of the next to last paragraph in CPA § 1462. Whether a rehearing is ordered before the same or new arbitrators is left to the court’s discretion. The first sentence has been expanded to make it clear that court may order a rehearing as to less than all the issues. This change was recommended by the Arbitration Law Committee of the American Arbitration Association, the Committee on Arbitration of the Association of the Bar of the City of New York, and the Joint Committee on the Civil Practice Act. The last sentence has been expanded to allow the court to make an appropriate extension of time where, for example, the contract specifies that the award must be made before a specified date. This change was suggested by the Arbitration Law Committee of the American Arbitration Association and the Joint Committee on the Civil Practice Act.
Subd (e) of this section integrates the applications to confirm, vacate and modify an award. See notes to § 7510.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: vacate arbitration award New Yorkmodify arbitration award New Yorkgrounds to vacate arbitration award New Yorkchallenge arbitration award New York90 days to vacate arbitration awardarbitrator bias vacate award New Yorkarbitrator exceeded powers New York