(b) Copies of the motion papers shall be served upon the commissioner within two days after filing. New York Appellate Court applies state law to vacate arbitration award as a violation of public policy (prohibiting workplace harassment).To a motion to set aside or vacate that arbitral award"). Section 10(a)(2) of the Federal Arbitration Act allows a court to vacate an arbitration award based on "evident partiality" in the arbitrators. For the foregoing reasons, the Court denies plaintiff's motion to vacate the Arbitration. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court.