Opinion
12-08-2015
In re Christopher ABELL, et al., Petitioners–Appellants, v. JETBLUE AIRWAYS CORPORATION, Respondent–Respondent.
Locke Lord LLP, Chicago, IL (Robert M. Stephenson of the bar of the State of Illinois, admitted pro hac vice, of counsel), for appellants. Holland & Knight LLP, New York (Marisa Marinelli of counsel), for respondent.
Locke Lord LLP, Chicago, IL (Robert M. Stephenson of the bar of the State of Illinois, admitted pro hac vice, of counsel), for appellants.
Holland & Knight LLP, New York (Marisa Marinelli of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 18, 2015, which denied petitioners' motion to vacate an arbitration award, and granted respondent's cross motion to confirm the award, unanimously affirmed, without costs.
Petitioners failed to meet their heavy burden of showing that the arbitrator did not even “arguably” interpret the parties' employment agreement in rendering his award and therefore he exceeded his arbitral powers pursuant to Section 10(a) of the Federal Arbitration Act (see Oxford Health Plans LLC v. Sutter, ––– U.S. ––––, ––––, 133 S.Ct. 2064, 2068, 186 L.Ed.2d 113 [2013] ). It is apparent from the face of the award that the arbitrator analyzed the agreement and subsequent amendments closely and carefully, and that is all that is required to preclude the court from overruling him (id. at 2070–2071).
We have considered petitioners' remaining contentions and find them unavailing.
TOM, J.P., SAXE, GISCHE, KAPNICK, JJ., concur.