§ 7503 — Application to compel or stay arbitration; stay of action; notice of intention to arbitrate

New York § 7503

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

Text

§ 7503. Application to compel or stay arbitration; stay of action;\nnotice of intention to arbitrate. (a) Application to compel\narbitration; stay of action. A party aggrieved by the failure of\nanother to arbitrate may apply for an order compelling arbitration.\nWhere there is no substantial question whether a valid agreement was\nmade or complied with, and the claim sought to be arbitrated is not\nbarred by limitation under subdivision (b) of section 7502, the court\nshall direct the parties to arbitrate. Where any such question is\nraised, it shall be tried forthwith in said court. If an issue claimed\nto be arbitrable is involved in an action pending in a court having\njurisdiction to hear a motion to compel arbitration, the application\nshall be made by motion in that action. If the application is granted,\nthe order shall operate to stay a pending or subsequent action, or so\nmuch of it as is referable to arbitration.\n (b) Application to stay arbitration. Subject to the provisions of\nsubdivision (c), a party who has not participated in the arbitration and\nwho has not made or been served with an application to compel\narbitration, may apply to stay arbitration on the ground that a valid\nagreement was not made or has not been complied with or that the claim\nsought to be arbitrated is barred by limitation under subdivision (b) of\nsection 7502.\n (c) Notice of intention to arbitrate. A party may serve upon another\nparty a demand for arbitration or a notice of intention to arbitrate,\nspecifying the agreement pursuant to which arbitration is sought and the\nname and address of the party serving the notice, or of an officer or\nagent thereof if such party is an association or corporation, and\nstating that unless the party served applies to stay the arbitration\nwithin twenty days after such service he shall thereafter be precluded\nfrom objecting that a valid agreement was not made or has not been\ncomplied with and from asserting in court the bar of a limitation of\ntime. Such notice or demand shall be served in the same manner as a\nsummons or by registered or certified mail, return receipt requested. An\napplication to stay arbitration must be made by the party served within\ntwenty days after service upon him of the notice or demand, or he shall\nbe so precluded. Notice of such application shall be served in the same\nmanner as a summons or by registered or certified mail, return receipt\nrequested. Service of the application may be made upon the adverse\nparty, or upon his attorney if the attorney's name appears on the demand\nfor arbitration or the notice of intention to arbitrate. Service of the\napplication by mail shall be timely if such application is posted within\nthe prescribed period. Any provision in an arbitration agreement or\narbitration rules which waives the right to apply for a stay of\narbitration is hereby declared null and void.\n