In re the Arbitration between McNamee, Lochner, Titus & Williams, P. C. & Killeen

While I agree with the majority that our prior discussion concerning the reasonableness of petitioner’s fee did not constitute the “law of the case” inasmuch as we remitted the matter for a hearing de novo, because I perceive the arbitration panel’s determination to have been arbitrary and capricious, irrational and without a plausible basis, I would affirm Supreme Court’s order insofar as it vacated the arbitration award and remit the matter to the panel for a further decision enunciating the reasons for its findings. It is axiomatic that to uphold an award reached after compulsory…