|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 10, 2018||referred to judiciary|
senate Bill S8710
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8710 (ACTIVE) - Details
S8710 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8710 SPONSOR: SEPULVEDA TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To clarify the intent and protect the purpose of the existing laws regarding arbitration by creating a definition of the term arbitration SUMMARY OF PROVISIONS: Amends Article 75 Civil Practice Law and Rules by adding a provision to subdivision (b)(ii) of Section 7511 which adds the fact that an arbitra- tor has been affiliated with any party or has a direct or indirect financial interest in any party or in the outcome of the arbitration, as grounds to vacate an arbitration award.
S8710 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8710 I N S E N A T E May 10, 2018 ___________ Introduced by Sen. SEPULVEDA -- 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 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: § 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. § 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: § 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 PARTY OF A DEMAND FOR ARBITRATION. UPON DISCLOSURE PURSUANT TO SECTION SEVENTY-FIVE HUNDRED FIVE-A OF THIS ARTICLE OF A KNOWN, DIRECT, AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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