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Deadline to attack arbitration award can be extended by tolling or estoppel

The court’s unanimous opinion by Justice Leondra Kruger concludes that the 100-day limit applies regardless whether the prevailing party has timely moved to confirm the arbitration award: “if the losing party wishes to attack the award, the statutes make clear that such a challenge must be made promptly to promote the timely final resolution of the matters submitted to arbitration.” However, the court says, the applicable statute doesn’t preclude equitable relief: “we will not assume that the Legislature intended to imbue a time bar with jurisdictional consequences merely because the statute speaks in mandatory terms.”

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