In the Matter of the Arbitration Between the Astoria Medical Group, Respondents, and Health Insurance Plan of…

Summary

The New York Court of Appeals reversed the lower court's order disqualifying the party‑appointed arbitrator, holding that under a tripartite arbitration agreement the parties may select arbitrators who are not individually neutral and that bias alone does not warrant pre‑award disqualification. The court emphasized contractual freedom and statutory guidance, and declined to answer the certified questions. Chief Judge Desmond dissented, arguing that the arbitrator should be removed.