assembly Bill A4789

2013-2014 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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Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Feb 08, 2013 referred to judiciary

Co-Sponsors

Multi-Sponsors

A4789 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 75 §7500, §7505-a, amd §7501, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A7002
2015-2016: A2742
2017-2018: A6637
2019-2020: A3337

A4789 (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.

A4789 (ACTIVE) - Bill Text download pdf

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

                                  4789

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A. TITONE, COLTON, GOTTFRIED, BRONSON, LAVINE --
  Multi-Sponsored by -- M.   of A. ABINANTI,  COOK,  GABRYSZAK,  GIBSON,
  MONTESANO -- read once and referred to the Committee on Judiciary

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
ANY LANGUAGE REQUIRING THE CONTROVERSY BE SUBMITTED TO AN ARBITRATOR  OR
ARBITRATION  ORGANIZATION  THAT IS NOT A NEUTRAL THIRD PARTY ARBITRATOR,
AS THAT TERM IS DEFINED  IN  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 ARBI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01422-02-3