assembly Bill A2742

2015-2016 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 06, 2016 referred to judiciary
Jan 20, 2015 referred to judiciary

Co-Sponsors

Multi-Sponsors

A2742 (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:
2011-2012: A7002
2013-2014: A4789
2017-2018: A6637
2019-2020: A3337

A2742 (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.

A2742 (ACTIVE) - Bill Text download pdf

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

                                  2742

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. TITONE, COLTON, GOTTFRIED, BRONSON, LAVINE --
  Multi-Sponsored by -- M.  of A. ABINANTI, COOK, 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.
                                                           LBD03699-01-5