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- Title
CONSTRUCTION-- MOTION TO--VACATE-- WAIVER HEARISG TrRANscrPIt--ArBItRATOR MISCONDUCT-- NMSA §§ 44- 7- I2(A)(2,4)-- NEW MEXICO.
- Abstract
The article presents information about a court case in Mew Mexico, in which it was held that a party does not waive the right to move to vacate an arbitration award by failing to request the making of a stenographic transcript of the arbitral hearings. The plaintiff was engaged to construct a swimming pool and a garden room for the defendants. Dissatisfied with the work, the defendants ceased making progress payments and the plaintiff discontinued work on the project. The plaintiff demanded arbitration and the arbitration panel awarded the defendants $36,000. Neither party had requested the making of a record or a transcript of the proceedings. The plaintiff moved to vacate the award under the New Mexico Uniform Arbitration Act, alleging that the arbitrators refused to hear material evidence. The trial court denied the plaintiff's motion and confirmed the award, holding that the plaintiff waived his right to appeal the award by waiving its right to a hearing transcript. the New Mexico Supreme Court reversed and remanded the case.
- Subjects
NEW Mexico; CONDUCT of court proceedings; ARBITRATION &; award; CONSTRUCTION contracts; ARBITRATORS; NEW Mexico. Supreme Court
- Publication
Arbitration Journal, 1982, Vol 37, Issue 2, p63
- ISSN
0003-7893
- Publication type
Article