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revlis

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Re: Corp_Buyer post# 124855

Thursday, 09/01/2005 12:42:15 PM

Thursday, September 01, 2005 12:42:15 PM

Post# of 433225
corp_buyer,

You said, " The body of case law is quite clear that an arbitration award does NOT have to follow NY law,... "


But it is not prohibited from following NY law. The Supreme Court ruling in Mastrobuono v. Shearson Lehman Hutton, Inc. (94-18), 514 U.S. 52 (1995) did not invalidate the Garrity rule. It said that if there is a conflict, then the arbitration rule will be the deciding factor. As I said that IMO, IDCC will prevail in any appeal process. Despite this, I still think there is a good chance that the Judge will modify the award.
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