Home | Arbitration Rules | Arbitrator's Application | Respondent's Form | NY CPLR Art. 75 | Claim Form | Consumer Procedures | Mediation Rules



Civil Practice Law & Rules

 

ARTICLE 75 - ARBITRATION

7501.    Effect of arbitration agreement.
7502.    Applications to the court; venue; statutes of limitations;
         provisional remedies
         (a)  Applications to the court; venue.
         (b)  Limitation of time.
         (c)  Provisional remedies.
7503.    Application  to compel or stay arbitration; stay of action; 
         notice of intention to arbitrate.
         (a)  Application to compel arbitration; stay of action.
         (b)  Application to stay arbitration.
         (c)  Notice of intention to arbitrate.
7504.    Court appointment of arbitrator.
7505.    Powers of arbitrator.
7506.    Hearing.
         (a)  Oath of arbitrator.
         (b)  Time and place.
         (c)  Evidence.
         (d)  Representation by attorney.
         (e)  Determination by majority.
         (f)  Waiver.
7507.    Award; form; time; delivery.
7508.    Award by confession.
         (a)  When available.
         (b)  Time of award.
         (c)  Person or agency making award.
7509.    Modification of award by arbitrator.
7510.    Confirmation of award.
7511.    Vacating or modifying award.
         (a)  When application made.
         (b)  Grounds for vacating.
         (c)  Grounds for modifying.
         (d)  Rehearing.
         (e)  Confirmation.
7512.    Death or incompetency of a party.
7513.    Fees and expenses.
7514.    Judgment on an award.
         (a)  Entry.
         (b)  Judgment-roll.
 
    Sec.  7501.   Effect  of  arbitration  agreement.   A written
agreement to submit any controversy  thereafter  arising  or  any existing controversy to arbitration is enforceable without regard
to the justiciable  character  of  the  controversy  and  confers jurisdiction  on  the  courts  of  the state to enforce it and to
enter judgment on an award.  In determining  any  matter  arising under  this  article,  the  court  shall not consider whether the
claim with respect to which arbitration is sought is tenable,  or otherwise pass upon the merits of the dispute.
 
    Sec.  7502.  Applications  to the court; venue; statutes of limitation; provisional remedies.  (a) Applications to the court; venue.  A  special
proceeding  shall  be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion  in
a  pending  action.   The  proceeding  shall be brought in the court and county specified in the agreement; or, if none be specified, in a  court
in  the county in which one of the parties resides or is doing business, or, if there is no such county, in a court in any county; or in a  court
in  the  county  in  which  the  arbitration  was  held.  All subsequent applications shall be made by  motion  in  the  pending  action  or  the
special proceeding.
    (b)  Limitation  of  time.  If,  at  the  time  that  a  demand  for arbitration was made or a notice of intention to arbitrate  was  served,
the  claim  sought to be arbitrated would have been barred by limitation of time had it been asserted in a court of the state, a party may assert
the  limitation  as  a  bar  to the arbitration on an application to the court as provided in section 7503 or subdivision (b)  of  section  7511.
The  failure  to  assert such bar by such application shall not preclude its assertion before the arbitrators, who may, in their sole discretion,
apply  or  not  apply  the bar. Except as provided in subdivision (b) of section 7511, such exercise of discretion by the arbitrators  shall  not
be  subject to review by a court on an application to confirm, vacate or modify the award.
    (c)  Provisional  remedies. The supreme court in the county in which an arbitration is pending,  or,  in  a  county specified  in subdivision 
(a) of this section, may entertain an application for an order of attachment or for a preliminary  injunction  in  connection  
with  an arbitration  that is pending or that is to be commenced inside or outside this state , whether  or not it is subject to the United Nations 
convention on the recognition and  enforcement of foreign arbitral awards, but only upon the ground that the award to which the applicant may be 
entitled may be rendered ineffectual  without  such provisional relief. The provisions of articles 62 and 63 of this chapter shall apply to the 
application, including those relating to undertakings and  to  the  time  for  commencement of an action (arbitration shall be deemed an action for 
this purpose) , except that the sole ground for the granting of the remedy shall be as stated above. If an  arbitration is not commenced within thirty 
days of the granting of the  provisional relief, the order granting such relief shall  expire and be null and void and costs, including reasonable attorney's 
fees,  awarded to the respondent. The court may reduce or expand this period of time  for good cause shown. The  form  of  the  application  shall  be  as
provided in subdivision (a) of this  section.
 
    Sec.  7503.  Application to compel or stay arbitration; stay of action; notice of intention to arbitrate.  (a)  Application to compel  arbitration;
stay  of action.   A party aggrieved by the failure of another to arbitrate may  apply  for  an  order  compelling  arbitration.   Where  there  is  no
substantial  question  whether a valid agreement was made or complied with, and the claim sought to be arbitrated is not  barred  by  limitation  under
subdivision  (b)  of  section  7502,  the court shall direct the parties to arbitrate.  Where any such question is raised, it shall be tried  forthwith
in  said  court.   If  an  issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a  motion  to  compel
arbitration,  the  application  shall be made by motion in that action.  If the application is granted, the order shall operate to stay  a  pending  or
subsequent action, or so much of it as is referable to arbitration.    (b)   Application  to  stay  arbitration.  Subject to the provisions of
subdivision (c), a party who has not participated in  the  arbitration  and who  has not made or been served with an application to compel arbitration,
may apply to stay arbitration on the ground that a valid agreement was  not made  or  has  not  been  complied  with  or  that  the  claim sought to be
arbitrated is barred by limitation under subdivision (b) of section 7502.      (c)   Notice  of intention to arbitrate. A party may serve upon another
party a demand for arbitration or  a  notice  of  intention  to  arbitrate, specifying  the  agreement  pursuant to which arbitration is sought and the
name and address of the party serving the notice, or of an officer or agent  thereof  if  such  party is an association or corporation, and stating that
unless the party served applies to stay the arbitration within twenty  days after  such  service he shall thereafter be precluded from objecting that a
valid agreement was not made  or  has  not  been  complied  with  and  from asserting  in court the bar of a limitation of time.  Such notice or demand
shall be served in the same  manner  as  a  summons  or  by  registered  or certified   mail,   return  receipt  requested.   An  application  to  stay
arbitration must be made by the  party  served  within  twenty  days  after service  upon  him  of  the  notice or demand, or he shall be so precluded.
Notice of such application shall be served in the same manner as a  summons or  by  registered or certified mail, return receipt requested.  Service of
the application may be made upon the adverse party, or upon his attorney if the  attorney`s name appears on the demand for arbitration or the notice of
intention to arbitrate.  Service of the application by mail shall be timely if  such application is posted within the prescribed period.  Any provision
in an arbitration agreement or arbitration rules which waives the right  to apply for a stay of arbitration is hereby declared null and void.
 
    Sec.   7504.    Court   appointment  of  arbitrator.  If  the arbitration  agreement  does  not  provide  for   a   method   of
appointment  of  an  arbitrator, or if the agreed method fails or  for any reason is not followed, or if an arbitrator fails to  act
and   his  successor  has  not  been  appointed,  the  court,  on application of a party, shall appoint an arbitrator.
 
    Sec.   7505.   Powers  of arbitrator. An arbitrator and any attorney of record in the arbitration proceeding has the power to  issue  subpoenas.
An arbitrator has the power to administer oaths.
 
    Sec.  7506.  Hearing. (a)  Oath of arbitrator. Before hearing any testimony, an arbitrator shall be sworn to  hear  and  decide
the controversy faithfully and fairly by an officer authorized to administer an oath.
    (b)  Time and place.  The arbitrator shall appoint a time and place  for  the  hearing  and  notify  the  parties  in   writing
personally or by registered or certified mail not less than eight days before the hearing.  The arbitrator may adjourn or  postpone
the  hearing.   The  court,  upon  application  of any party, may direct the arbitrator to proceed promptly with  the  hearing  and
determination of the controversy.
    (c)   Evidence.   The  parties  are  entitled to be heard, to present evidence and to cross-examine witnesses.  Notwithstanding
the  failure  of  a party duly notified to appear, the arbitrator may  hear  and  determine  the  controversy  upon  the   evidence
produced.
    (d)  Representation by attorney.  A party has the right to be represented by an attorney and may claim such right at  any  time
as  to  any  part  of  the arbitration or hearings which have not taken place.  This right may  not  be  waived.   If  a  party  is
represented  by  an  attorney,  papers  to be served on the party shall be served upon his attorney.
    (e)    Determination  by  majority.   The  hearing  shall  be conducted by all the arbitrators, but a  majority  may  determine
any question and render an award. 
    (f)   Waiver.   Except  as  provided  in  subdivision  (d), a requirement of this section may be waived by written  consent  of
the  parties  and  it  is waived if the parties continue with the arbitration without objection.
 
    Sec.  7507.  Award; form; time; delivery.  Except as provided in section 7508, the  award  shall  be  in  writing,  signed  and
affirmed by the arbitrator making it within the time fixed by the agreement, or, if the time is not fixed, within such time as  the
court  orders.  The parties may in writing extend the time either before or after its expiration.  A  party  waives  the  objection
that  an  award  was  not made within the time required unless he notifies the arbitrator in writing of his objection prior to  the
delivery  of  the  award  to him.  The arbitrator shall deliver a copy of the award to each party in the  manner  provided  in  the
agreement,  or,  if  no  provision  is  so made, personally or by registered or certified mail, return receipt requested.
 
  Sec.  7508.   Award  by  confession.  (a)  When available. An award by confession may be made for money due or to become due at any time before
an  award is otherwise made.  The award shall be based upon a statement, verified by each party, containing an authorization to make  the  award,
the  sum  of  the  award or the method of ascertaining it, and the facts constituting the liability.
  (b)   Time  of  award.  The award may be made at any time within three months after the statement is verified.
  (c)   Person  or  agency  making  award.   The award may be made by an arbitrator or by the agency or person named by the parties to  designate
the abitrator.
 
    Sec.  7509.   Modification of award by arbitrator. On written application of a party to  the  arbitrators  within  twenty  days
after delivery of the award to the applicant, the arbitrators may modify the award upon the grounds stated in  subdivision  (c)  of
section  7511.   Written notice of the application shall be given to other  parties  to  the  arbitration.   Written  objection  to
modification  must be served on the arbitrators and other parties to the arbitration within ten days of receipt of the notice.  The
arbitrators  shall  dispose  of  any  application made under this section in writing,  signed  and  acknowledged  by  them,  within
thirty  days  after  either written objection to modification has been served on them or the time for serving  said  objection  has
expired, whichever is earlier.  The parties may in writing extend the  time  for  such  disposition  either  before  or  after  its
expiration.
 
    Sec. 7510.  Confirmation of award. The court shall confirm an award upon application of a party made within one year after  its
delivery  to  him, unless the award is vacated or modified upon a ground specified in section 7511.
 
    Sec.   7511.    Vacating   or  modifying  award.   (a)   When application made.  An application to vacate or  modify  an  award
may  be  made by a party within ninety days after its delivery to him.
    (b)  Grounds for vacating.
    1.   The award shall be vacated on the application of a party who either participated in the arbitration or was served  with  a
notice  of  intention  to  arbitrate  if the court finds that the rights of that party were prejudiced by:
    (i)   corruption, fraud or misconduct in procuring the award; or
    (ii)   partiality  of  an  arbitrator appointed as a neutral, except where the award was by confession; or
    (iii)   an  arbitrator,  or agency or person making the award exceeded his power or so imperfectly executed it that a final and
definite award upon the subject matter submitted was not made; or
    (iv)  failure to follow the procedure of this article, unless the party  applying  to  vacate  the  award  continued  with  the
arbitration with notice of the defect and without objection.
    2.   The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a
notice of intention to arbitrate if the court finds that:
    (i)   the  rights of that party were prejudiced by one of the grounds specified in paragraph one; or
    (ii)  a valid agreement to arbitrate was not made; or
    (iii)  the agreement to arbitrate had not been complied with; or
    (iv)   the  arbitrated  claim  was barred by limitation under subdivision (b) of section 7502.
    (c)  Grounds for modifying.  The court shall modify the award if:
    1.  there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to  in  the
award; or
    2.   the arbitrators have awarded upon a matter not submitted to them and the award may  be  corrected  without  affecting  the
merits of the decision upon the issues submitted; or
    3.  the award is imperfect in a matter of form, not affecting the merits of the controversy.
    (d)  Rehearing. Upon vacating an award, the court may order a rehearing and determination of all or any of  the  issues  either
before  the  same arbitrator or before a new arbitrator appointed in accordance with this article.  Time in any provision  limiting
the  time  for a hearing or award shall be measured from the date of such order or rehearing, whichever is appropriate, or  a  time
may be specified by the court.
     (e)  Confirmation.  Upon the granting of a motion to modify, the court shall confirm the award as modified; upon the denial of
a motion to vacate or modify, it shall confirm the award.
 
    Sec.  7512.   Death or incompetency of a party. Where a party dies after making a written agreement to submit a controversy  to
arbitration,  the  proceedings may be begun or continued upon the application of, or upon notice to, his executor or  administrator
or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property.  Where  a
committee  of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the
application  of,  or notice to, the committee.  Upon the death or incompetency of a party, the court may  extend  the  time  within
which an application to confirm, vacate or modify the award or to stay arbitration must be made.  Where a party has died  since  an
award  was  delivered,  the proceedings thereupon are the same as where a party dies after a verdict.
 
    Sec.  7513.   Fees and expenses. Unless otherwise provided in the agreement to arbitrate, the arbitrators` expenses  and  fees,
together  with  other  expenses,  not  including attorney`s fees, incurred in the conduct of the  arbitration,  shall  be  paid  as
provided  in the award.  The court, on application, may reduce or disallow any fee or expense it finds excessive or allocate it  as
justice requires.
 
  Sec.  7514.   Judgment  on an award.  (a)  Entry.  A judgment shall be entered upon the confirmation of an award.
  (b)   Judgment-roll.   The judgment-roll consists of the original or a copy of the agreement and each written extention of time within which to
make  an  award;  the statement required by section 7508 where the award was by confession; the award; each paper submitted to the court and each
order of the court upon an application under sections 7510 and 7511; and a copy of the judgment.