I have not posted any AAA arbitration decisions yet but decided to post this decision since lately it has become somewhat of a trend for the losing party to file an appeal to a Master Arbitrator solely on the basis of the lower arbitrator failing to decide or mention an issue in his or her award. Recently, some of the Master Arbitrators have reversed and remanded based upon this reasoning. However, this Master Arbitrator has said the the following, which makes perfect sense:
There was absolutely no mention in the arbitrator’s award of the issue now being raised by Responden/Appellants counsel as to whether the applicant violated Section 230d ofthe Public
Health Law. As noted above this is not a de novo review of the facts that were already decided upon by the original arbitrator. I further find that Respondent’s counsel ‘s vailed attempt to raise an issue not reported as part of Respondent’s denial and not an issue discussed in the lower arbitrator’s decision is precluded as a defense in this forum. Based on the foregoing, 1 find the
award below was cogently thought out and clearly articulated and certainly not irrational, arbitrary and capricious or incorrect as a matter of law. Therefore I see no reason to disturb the
arbitrator’s decision. The award is therefore affirmed in its entirety.
Kind of sums it up nicely.