In the Matter of the Arbitration Between Clarence T. Bullard, Copartners Under the Firm Name of C. T. Bullard…

Summary

The New York Court of Appeals affirmed the lower court's order vacating an arbitration award, holding that when an arbitrator withdraws before the parties' proofs are heard a substitute must be appointed and the remaining arbitrators cannot proceed. It also held that a party cannot continue arbitration without a court order when the other party is in default under the submission, and that the award was therefore invalid under the Civil Practice Act.