Justice Jeffrey Sunshine
Wife moved to permanently stay arbitration before arbitrator Fried, and for a grant of poor person relief. The court granted poor person relief, noting husband did not oppose the application, and upon wife’s statements that he failed to regularly pay child support. It also noted the parties entered into a settlement providing that all controversies would be settled before Fried. Now, wife sought a stay of the arbitration, and to disqualify Fried as the arbitrator. She claimed he was biased as he was now a defendant in a civil action she commenced against him. The court stated permitting wife to use her own act of filing a lawsuit against Fried to be a basis to remove him could not be judicially sanctioned. It ruled Fried’s statements in his answer to the civil action did not rise to the level required to prove bias sufficient to warrant his removal as the arbitrator. Further, as the arbitration has not taken place yet, wife’s fear Fried would be vengeful in future proceedings was speculative. The court noted should Fried exceed his authority or if the arbitration award would be contrary to public policy, wife had remedies to vacate same, but such assertions were not sufficient to compel judicial intervention now, ruling the arbitration must proceed.
