assembly Bill A8191A

2015-2016 Legislative Session

Requires employment and consumer dispute arbitrations to be submitted to neutral third party arbitrators, and establishes prohibited arbitration agreements and provisions

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 ordered to third reading rules cal.166
rules report cal.166
reported
Jun 06, 2016 reported referred to rules
May 17, 2016 reported referred to codes
May 05, 2016 print number 8191a
May 05, 2016 amend and recommit to judiciary
Jan 06, 2016 referred to judiciary
Jun 11, 2015 referred to judiciary

Co-Sponsors

A8191 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500, 7505-a, 7515, & 7516, amd §§7501, 7506, 7507 & 7511, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A6983
2019-2020: A3265

A8191 (ACTIVE) - Summary

Requires employment and consumer dispute arbitrations to be submitted to neutral third party arbitrators, and establishes prohibited arbitration agreements and provisions; requires disclosure of information by certain arbitrators.

A8191 (ACTIVE) - Bill Text download pdf

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

                                  8191

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

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 arbi-
  tration agreements

  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 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-
TRATED. THE REQUIREMENT THAT THE CONTROVERSY BE HEARD BY A NEUTRAL THIRD
PARTY ARBITRATOR MAY NOT BE WAIVED BY PARTY PRIOR TO THE SERVICE ON SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11404-02-5

Co-Sponsors

A8191A (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §§7500, 7505-a, 7515, & 7516, amd §§7501, 7506, 7507 & 7511, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A6983
2019-2020: A3265

A8191A (ACTIVE) - Summary

Requires employment and consumer dispute arbitrations to be submitted to neutral third party arbitrators, and establishes prohibited arbitration agreements and provisions; requires disclosure of information by certain arbitrators.

A8191A (ACTIVE) - Bill Text download pdf

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

                                 8191--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of  A.  TITONE,  STECK,  WEINSTEIN  -- read once and
  referred to the Committee on Judiciary -- recommitted to the Committee
  on Judiciary in accordance with Assembly Rule 3, sec. 2  --  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 arbi-
  tration agreements

  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 OR  PANEL  OF
ARBITRATORS  EACH  OF WHOM DOES NOT HAVE AN UNDISCLOSED KNOWN, DIRECT OR
MATERIAL INTEREST, INCLUDING A FINANCIAL OR  PERSONAL  INTEREST  IN  THE
OUTCOME  OF  THE  ARBITRATION  PROCEEDING,  OR A KNOWN, EXISTING OR PAST
RELATIONSHIP WITH ANY OF THE PARTIES TO THE AGREEMENT  TO  ARBITRATE  OR
THE ARBITRATION PROCEEDING, THEIR COUNSEL OR REPRESENTATIVES, A WITNESS,
OR ANOTHER ARBITRATOR.
  (C)  "EMPLOYMENT"  MEANS  A  RELATIONSHIP  BETWEEN  AN EMPLOYER AND AN
EMPLOYEE AS DEFINED IN SECTION THREE OF THE FAIR LABOR STANDARDS ACT  OF
1938 (29 U.S.C. S 203).
  (D) "CONSUMER" MEANS A NATURAL PERSON RESIDING IN THIS STATE.
  (E)  "CONSUMER GOODS" MEANS GOODS, WARES, PAID MERCHANDISE OR SERVICES
PURCHASED OR PAID FOR BY A CONSUMER, THE  INTENDED  USE  OR  BENEFIT  OF
WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OF SUCH
CONSUMER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11404-06-6

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