assembly Bill A7002C

2011-2012 Legislative Session

Provides for vacating of an arbitration award on the ground that the arbitrator was affiliated with a party, or has a financial interest in a party or the outcome

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2012 print number 7002c
May 18, 2012 amend and recommit to judiciary
May 15, 2012 print number 7002b
May 15, 2012 amend and recommit to judiciary
Jan 19, 2012 committed to judiciary
Jan 04, 2012 ordered to third reading cal.232
returned to assembly
died in senate
Jun 16, 2011 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.335
rules report cal.335
reported
Jun 15, 2011 reported referred to rules
Jun 10, 2011 print number 7002a
Jun 10, 2011 amend (t) and recommit to judiciary
Apr 07, 2011 referred to judiciary

Co-Sponsors

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Multi-Sponsors

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A7002 - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500 & 7505-a, amd §7501, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4789
2015-2016: A2742
2017-2018: A6637
2019-2020: A3337

A7002 - Summary

Requires disclosure of possible conflicts; provides for the vacating of an arbitration award on the ground that the arbitrator was affiliated in any way with any party, or has a financial interest directly or indirectly in any party or in the outcome of the arbitration.

A7002 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7002

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to defin-
  ing "arbitration" and "neutral third party arbitrator"  and  providing
  that  neither party in an arbitration agreement may waive the right to
  have a controversy heard by a neutral thirty party arbitrator

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
section 7500 to read as follows:
  S 7500. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A) "ARBITRATION" MEANS A FORM OF DISPUTE RESOLUTION THAT IS AN ALTER-
NATIVE  TO  LITIGATION,  IN  WHICH  THE PARTIES AGREE TO BE BOUND BY THE
DETERMINATION OF A NEUTRAL THIRD PARTY ARBITRATOR.
  (B) "NEUTRAL THIRD PARTY ARBITRATOR" MEANS AN ARBITRATOR WHO  HAS  NOT
BEEN  OR  IS  NOT  AFFILIATED  IN  ANY  WAY WITH ANY PARTY OR ANY OF ITS
SUBSIDIARIES OR AFFILIATES AND WHO DOES NOT HAVE A  FINANCIAL  INTEREST,
DIRECTLY  OR  INDIRECTLY  IN  ANY  PARTY  OR IN THE OUTCOME OF THE ARBI-
TRATION.
  S 2. Section 7501 of the civil practice law and rules, as  amended  by
chapter 532 of the laws of 1963, is amended to read as follows:
  S  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; PROVIDED, HOWEVER, THAT
ANY LANGUAGE REQUIRING THE CONTROVERSY BE  SUBMITTED  TO  AN  ARBITRATOR
THAT IS NOT A NEUTRAL THIRD PARTY ARBITRATOR, AS THAT TERM IS DEFINED BY
SUBDIVISION  (B)  OF SECTION SEVENTY-FIVE HUNDRED OF THIS ARTICLE, SHALL
BE DEEMED VOID; PROVIDED THAT IT SHALL BE  VALID  WITH  RESPECT  TO  THE
REQUIREMENT  THAT  THE  CONTROVERSY BE ARBITRATED.  THE REQUIREMENT THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-03-1

Co-Sponsors

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Multi-Sponsors

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A7002A - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500 & 7505-a, amd §7501, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4789
2015-2016: A2742
2017-2018: A6637
2019-2020: A3337

A7002A - Summary

Requires disclosure of possible conflicts; provides for the vacating of an arbitration award on the ground that the arbitrator was affiliated in any way with any party, or has a financial interest directly or indirectly in any party or in the outcome of the arbitration.

A7002A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7002--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M.  of  A.  TITONE,  COLTON, GOTTFRIED, REILLY, BRONSON,
  P. RIVERA, LAVINE -- Multi-Sponsored by -- M. of A. ABINANTI, CALHOUN,
  COOK, GABRYSZAK, GIBSON, MONTESANO -- read once and  referred  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to grounds
  for vacating an arbitration award on the basis of  partiality  of  the
  arbitrator

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (ii) of paragraph  1  of  subdivision  (b)  of
section  7511  of the civil practice law and rules is amended to read as
follows:
  (ii) partiality of an arbitrator appointed as a neutral, except  where
the award was by confession; OR WHERE THE ARBITRATOR HAS BEEN AFFILIATED
IN ANY WAY WITH ANY PARTY TO THE ARBITRATION, OR ANY OF ITS SUBSIDIARIES
OR AFFILIATES; OR WHERE THE ARBITRATOR HAS A FINANCIAL INTEREST, DIRECT-
LY OR INDIRECTLY, IN ANY PARTY OR IN THE OUTCOME OF THE ARBITRATION; or
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-04-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A7002B - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500 & 7505-a, amd §7501, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4789
2015-2016: A2742
2017-2018: A6637
2019-2020: A3337

A7002B - Summary

Requires disclosure of possible conflicts; provides for the vacating of an arbitration award on the ground that the arbitrator was affiliated in any way with any party, or has a financial interest directly or indirectly in any party or in the outcome of the arbitration.

A7002B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7002--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M.  of  A.  TITONE,  COLTON, GOTTFRIED, REILLY, BRONSON,
  P. RIVERA, LAVINE -- Multi-Sponsored by -- M. of A. ABINANTI, CALHOUN,
  COOK, GABRYSZAK, GIBSON, MONTESANO -- read once and  referred  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- ordered to a
  third reading -- committed to Judiciary -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil practice law and rules, in relation to grounds
  for vacating an arbitration award on the basis of  partiality  of  the
  arbitrator

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 75 of the civil practice law and rules  is  amended
by adding a new section 7500 to read as follows:
  S 7500. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A) "ARBITRATION" MEANS A FORM OF DISPUTE RESOLUTION THAT IS AN ALTER-
NATIVE  TO  LITIGATION,  IN  WHICH  THE PARTIES AGREE TO BE BOUND BY THE
DETERMINATION OF A NEUTRAL THIRD PARTY ARBITRATOR.
  (B) "NEUTRAL THIRD PARTY ARBITRATOR" MEANS AN ARBITRATOR OR  PANEL  OF
ARBITRATORS EACH OF WHOM DOES NOT HAVE AN UNDISCLOSED KNOWN, DIRECT, AND
MATERIAL  INTEREST  IN  THE  OUTCOME  OF THE ARBITRATION PROCEEDING OR A
KNOWN, EXISTING, AND SUBSTANTIAL RELATIONSHIP WITH A PARTY, COUNSEL,  OR
REPRESENTATIVE OF A PARTY.
  S  2.  Section 7501 of the civil practice law and rules, as amended by
chapter 532 of the laws of 1963, is amended to read as follows:
  S 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; PROVIDED, HOWEVER, THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-06-2

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A7002C (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500 & 7505-a, amd §7501, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4789
2015-2016: A2742
2017-2018: A6637
2019-2020: A3337

A7002C (ACTIVE) - Summary

Requires disclosure of possible conflicts; provides for the vacating of an arbitration award on the ground that the arbitrator was affiliated in any way with any party, or has a financial interest directly or indirectly in any party or in the outcome of the arbitration.

A7002C (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7002--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M.  of  A.  TITONE,  COLTON, GOTTFRIED, REILLY, BRONSON,
  P. RIVERA, LAVINE -- Multi-Sponsored by -- M. of A. ABINANTI, CALHOUN,
  COOK, GABRYSZAK, GIBSON, MONTESANO -- read once and  referred  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- ordered to a
  third reading -- committed to Judiciary -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to grounds
  for  vacating  an  arbitration award on the basis of partiality of the
  arbitrator

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article 75 of the civil practice law and rules is amended
by adding a new section 7500 to read as follows:
  S 7500. DEFINITIONS. AS USED IN THIS ARTICLE:
  (A) "ARBITRATION" MEANS A FORM OF DISPUTE RESOLUTION THAT IS AN ALTER-
NATIVE TO LITIGATION, IN WHICH THE PARTIES AGREE  TO  BE  BOUND  BY  THE
DETERMINATION OF A NEUTRAL THIRD PARTY ARBITRATOR.
  (B)  "NEUTRAL  THIRD PARTY ARBITRATOR" MEANS AN ARBITRATOR OR PANEL OF
ARBITRATORS EACH OF WHOM DOES NOT HAVE AN UNDISCLOSED KNOWN, DIRECT, AND
MATERIAL INTEREST IN THE OUTCOME OF  THE  ARBITRATION  PROCEEDING  OR  A
KNOWN,  EXISTING, AND SUBSTANTIAL RELATIONSHIP WITH A PARTY, COUNSEL, OR
REPRESENTATIVE OF A PARTY.
  S 2. Section 7501 of the civil practice law and rules, as  amended  by
chapter 532 of the laws of 1963, is amended to read as follows:
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-08-2