LD 1218
pg. 86
Page 85 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 87 of 94
Download Bill Text
LR 468
Item 1

 
consideration of the "best interest" of children. Faherty v.
Faherty, 97 N.J. 99, 477 A.2d 1257 (1984) (refusing to defer to
arbitrator's award affecting child support because of the
court's "non-delegable, special supervisory function in [the]
area of child support" that warrants de novo review whenever an
arbitrator's award of child support could adversely affect the
substantial best interests of the child); Rakoszynski v.
Rakoszynski, 663 N.Y.S.2d 957 (App. Div. 1997) (concluding that
child support is subject to arbitration but child custody and
visitation is not); Miller v. Miller, 423 Pa.Super. 162, 172,
620 A.2d 1161 (1993) (stating that court not bound by
arbitrator's child custody determination but court must
ascertain whether arbitral award is "adverse to the best
interests of the children").

 
5. There are reasons for the RUAA not to embrace either the
"manifest disregard" or the "public policy" standards of court
review of arbitral awards. The first is presented by the
omission from the FAA of either standard. Given that omission,
there is a very significant question of possible FAA
preemption of a such a provision in the RUAA, should the
Supreme Court or Congress eventually confirm that the four
narrow grounds for vacatur set out in Section 10(a) of the
federal act are the exclusive grounds for vacatur. The second
reason for not including these vacatur grounds is the dilemma
in attempting to fashion unambiguous, "bright line" tests for
these two standards. The case law on both vacatur grounds is
not just unsettled but also is conflicting and indicates
further evolution in the courts. As a result, the Drafting
Committee concluded not to add these two grounds for vacatur
in the statute. A motion to include the ground of "manifest
disregard" in Section 23(a) was defeated by the Committee of
the Whole at the July, 2000, meeting of the National
Conference of Commissioners on Uniform State Laws.

 
§8724.__Modification or correction of award

 
1.__Grounds to modify or correct award.__Upon motion made
within 90 days after the movant receives notice of the award
pursuant to section 8719 or within 90 days after the movant
receives notice of a modified or corrected award pursuant to
section 8720, the court shall modify or correct the award if:

 
A.__There was an evident mathematical miscalculation or an
evident mistake in the description of a person, thing or
property referred to in the award;

 
B.__The arbitrator has made an award on a claim not submitted
to the arbitrator and the award may be corrected


Page 85 of 94 Top of Page Page 87 of 94