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Emerald Aero v. Kaplan

In defendant's appeal from a judgment confirming a $30 million arbitration award consisting of significant punitive damages, arising out of his conviction wire fraud and awarded after a hearing which defendant elected not to attend, the trial court's denial of defendant's motion to vacate the award is reversed where the arbitrator exceeded his authority by awarding punitive damages without adequate prior notice to defendant, in violation of the parties' arbitration agreement and fundamental procedural fairness principles.