A. Grounds and Procedure

• Jurisdiction: New York

A. Grounds and Procedure

A timely application for a stay of arbitration can be brought on grounds that there is no valid agreement, an otherwise valid agreement has not been complied with, or the claim sought to be arbitrated is time barred.⁸⁴

The application to stay or compel arbitration will take one of two forms, depending on the procedural posture of the case. Where there is a pending court action, the application will be in the form of a motion to the court to stay the action and compel arbitration or to stay arbitration and continue the action.⁸⁵ In the absence of a pending court action, the application must be made by means of a special proceeding.⁸⁶

Upon proper application, the court will examine the arbitration agreement to determine its enforceability. If no substantial question exists as to enforceability, the court will direct the parties to arbitrate.⁸⁷ However, a finding of a substantial question as to enforceability will result in an immediate trial on that issue.⁸⁸

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Notes:

^[84] CPLR 7503(b), (c); see Gov't Emps. Ins. Co. v. Morris, 83 A.D.3d 709, 710, 919 N.Y.S.2d 908 (2d Dep't 2011) ("[T]he timeliness of a proceeding for a stay of arbitration is...