§ 7502 — Applications to the court; venue; statutes of limitation; provisional remedies

New York § 7502

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 75: Arbitration

Text

§ 7502. Applications to the court; venue; statutes of limitation;\nprovisional remedies. (a) Applications to the court; venue. A special\nproceeding shall be used to bring before a court the first application\narising out of an arbitrable controversy which is not made by motion in\na pending action.\n (i) The proceeding shall be brought in the court and county specified\nin the agreement. If the name of the county is not specified,\nproceedings to stay or bar arbitration shall be brought in the county\nwhere the party seeking arbitration resides or is doing business, and\nother proceedings affecting arbitration are to be brought in the county\nwhere at least one of the parties resides or is doing business or where\nthe arbitration was held or is pending.\n (ii) If there is no county in which the proceeding may be brought\nunder paragraph (i) of this subdivision, the proceeding may be brought\nin any county.\n (iii) Notwithstanding the entry of judgment, all subsequent\napplications shall be made by motion in the special proceeding or action\nin which the first application was made.\n (iv) If an application to confirm an arbitration award made within the\none year as provided by section seventy-five hundred ten of this\narticle, or an application to vacate or modify an award made within the\nninety days as provided by subdivision (a) of section seventy-five\nhundred eleven of this article, was denied or dismissed solely on the\nground that it was made in the form of a motion captioned in an earlier\nspecial proceeding having reference to the arbitration instead of as a\ndistinct special proceeding, the time in which to apply to confirm the\naward and the time in which to apply to vacate or modify the award may,\nnotwithstanding that the applicable period of time has expired, be made\nat any time within ninety days after the effective date of this\nparagraph, and may be made in whatever form is appropriate (motion or\nspecial proceeding) pursuant to this subdivision.\n (b) Limitation of time. If, at the time that a demand for arbitration\nwas made or a notice of intention to arbitrate was served, the claim\nsought to be arbitrated would have been barred by limitation of time had\nit been asserted in a court of the state, a party may assert the\nlimitation as a bar to the arbitration on an application to the court as\nprovided in section 7503 or subdivision (b) of section 7511. The failure\nto assert such bar by such application shall not preclude its assertion\nbefore the arbitrators, who may, in their sole discretion, apply or not\napply the bar. Except as provided in subdivision (b) of section 7511,\nsuch exercise of discretion by the arbitrators shall not be subject to\nreview by a court on an application to confirm, vacate or modify the\naward.\n (c) Provisional remedies. The supreme court in the county in which an\narbitration is pending or in a county specified in subdivision (a) of\nthis section, may entertain an application for an order of attachment or\nfor a preliminary injunction in connection with an arbitration that is\npending or that is to be commenced inside or outside this state, whether\nor not it is subject to the United Nations convention on the recognition\nand enforcement of foreign arbitral awards, but only upon the ground\nthat the award to which the applicant may be entitled may be rendered\nineffectual without such provisional relief. The provisions of articles\n62 and 63 of this chapter shall apply to the application, including\nthose relating to undertakings and to the time for commencement of an\naction (arbitration shall be deemed an action for this purpose), except\nthat the sole ground for the granting of the remedy shall be as stated\nabove. If an arbitration is not commenced within thirty days of the\ngranting of the provisional relief, the order granting such relief shall\nexpire and be null and void and costs, including reasonable attorney's\nfees, awarded to the respondent. The court may reduce or expand this\nperiod of time for good cause shown. The form of the application shall\nbe as provided in subdivision (a) of this section.\n