Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 7554
Selection of arbitrators
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75-A
§ 7554. Selection of arbitrators. (a) An arbitration under this
article shall be heard by a panel of three arbitrators. The chairperson
of the panel shall be an attorney who shall be appointed to serve in
such capacity on a full-time basis for a fixed term. The chairperson
shall have jurisdiction over prehearing procedures. Qualifications for
the selection of such chairpersons shall be established by the
arbitration administrator, subject to the approval of the superintendent
of financial services.

(b) Except as otherwise provided in subdivision (e) of this section,
the remaining two arbitrators, hereinafter referred to as associate
arbitrators, shall be selected from a pool of candidates established
pursuant to the rules and procedures promulgated by the arbitration
administrator and approved by the superintendent of financial services.
Attorneys whose practice substantially involves representation in
personal injury matters, physicians, dentists, hospital and health
maintenance organization personnel and other health care providers shall
not be eligible to serve as associate arbitrators. The rules and
procedures pertaining to selection of associate arbitrators under this
article shall provide that the arbitration administrator send
simultaneously to each party an identical list of associate arbitrator
candidates, together with a brief biographical statement on each
candidate. A party may strike from the list any name which is
unacceptable and shall number the remaining names in order of
preference. When the lists are returned to the arbitration administrator
they shall be compared and the first two mutually agreeable associate
arbitrator candidates shall be invited to serve.

(c) When two mutually agreed upon associate arbitrators have not been
selected from the first list, a second list of such candidates shall be
sent in the manner provided for in subdivision (b) of this section.

(d) If a complete panel is not selected by mutual agreement of the
parties pursuant to subdivisions (b) and (c) of this section, then,
under applicable rules and procedures of the arbitration administrator,
which are approved by the superintendent of financial services, the
arbitration administrator shall appoint the remaining associate
arbitrators. Any appointment of an associate arbitrator by the
arbitration administrator shall be subject to challenge by any party for
cause. To be sufficient, a challenge must allege facts which establish
that community, professional or other pressures are likely to influence
the objectivity of the appointed associate arbitrator. A decision on a
request to strike an arbitrator for cause shall be made by the
arbitration administrator.

(e) The parties shall not be restricted to the associate arbitrator
candidates submitted for consideration. If all parties mutually agree
upon one or more associate arbitrators, such arbitrators shall be
invited to serve.