senate Bill S6650

2011-2012 Legislative Session

Relates to the notice of intention to arbitrate

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Sponsored By

Archive: Last Bill Status - In 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.396
Mar 08, 2012 referred to judiciary

Votes

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Mar 20, 2012 - Judiciary committee Vote

S6650
21
1
committee
21
Aye
1
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S6650 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง7503, CPLR

S6650 - Summary

Relates to the notice of intention to arbitrate.

S6650 - Sponsor Memo

S6650 - Bill Text download pdf

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

                                  6650

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  notice of intention to arbitrate

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

  Section  1.  Subdivision (c) of section 7503 of the civil practice law
and rules, as amended by chapter 1028 of the laws of 1973, is amended to
read as follows:
  (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 stat-
ing that unless the party served applies to stay the arbitration  within
[twenty]  THIRTY days after such service [he] THE PARTY 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 limita-
tion 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] THIRTY days after service upon [him] SUCH PARTY
of the notice or demand, or  [he]  THE  PARTY  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] SUCH PARTY'S 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  arbi-
tration is hereby declared null and void.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14024-01-2

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