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This entry was published on 2014-09-22
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Applications to the court; venue; statutes of limitation; provisional remedies
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75
§ 7502. Applications to the court; venue; statutes of limitation;
provisional remedies. (a) Applications to the court; venue. A special
proceeding shall be used to bring before a court the first application
arising out of an arbitrable controversy which is not made by motion in
a pending action.

(i) The proceeding shall be brought in the court and county specified
in the agreement. If the name of the county is not specified,
proceedings to stay or bar arbitration shall be brought in the county
where the party seeking arbitration resides or is doing business, and
other proceedings affecting arbitration are to be brought in the county
where at least one of the parties resides or is doing business or where
the arbitration was held or is pending.

(ii) If there is no county in which the proceeding may be brought
under paragraph (i) of this subdivision, the proceeding may be brought
in any county.

(iii) Notwithstanding the entry of judgment, all subsequent
applications shall be made by motion in the special proceeding or action
in which the first application was made.

(iv) If an application to confirm an arbitration award made within the
one year as provided by section seventy-five hundred ten of this
article, or an application to vacate or modify an award made within the
ninety days as provided by subdivision (a) of section seventy-five
hundred eleven of this article, was denied or dismissed solely on the
ground that it was made in the form of a motion captioned in an earlier
special proceeding having reference to the arbitration instead of as a
distinct special proceeding, the time in which to apply to confirm the
award and the time in which to apply to vacate or modify the award may,
notwithstanding that the applicable period of time has expired, be made
at any time within ninety days after the effective date of this
paragraph, and may be made in whatever form is appropriate (motion or
special proceeding) pursuant to this subdivision.

(b) Limitation of time. If, at the time that a demand for arbitration
was made or a notice of intention to arbitrate was served, the claim
sought to be arbitrated would have been barred by limitation of time had
it been asserted in a court of the state, a party may assert the
limitation as a bar to the arbitration on an application to the court as
provided in section 7503 or subdivision (b) of section 7511. The failure
to assert such bar by such application shall not preclude its assertion
before the arbitrators, who may, in their sole discretion, apply or not
apply the bar. Except as provided in subdivision (b) of section 7511,
such exercise of discretion by the arbitrators shall not be subject to
review by a court on an application to confirm, vacate or modify the

(c) Provisional remedies. The supreme court in the county in which an
arbitration is pending or in a county specified in subdivision (a) of
this section, may entertain an application for an order of attachment or
for a preliminary injunction in connection with an arbitration that is
pending or that is to be commenced inside or outside this state, whether
or not it is subject to the United Nations convention on the recognition
and enforcement of foreign arbitral awards, but only upon the ground
that the award to which the applicant may be entitled may be rendered
ineffectual without such provisional relief. The provisions of articles
62 and 63 of this chapter shall apply to the application, including
those relating to undertakings and to the time for commencement of an
action (arbitration shall be deemed an action for this purpose), except
that the sole ground for the granting of the remedy shall be as stated
above. If an arbitration is not commenced within thirty days of the
granting of the provisional relief, the order granting such relief shall
expire and be null and void and costs, including reasonable attorney's
fees, awarded to the respondent. The court may reduce or expand this
period of time for good cause shown. The form of the application shall
be as provided in subdivision (a) of this section.