I. Introduction
Jurisdiction | New York |
I. Introduction
Article 75 of the N.Y. Civil Practice Law and Rules (CPLR) sets forth the rules and procedures governing arbitrations in New York State.1 Arbitration, pursuant to the CPLR, has become an expedient means of resolving conflicts in both commercial and labor settings. This Part One focuses on the procedures necessary to arbitrate a dispute in New York State under New York law. To facilitate further research, citations to representative New York cases have been incorporated into the discussion. These should serve as a starting point for updating research on the current status of the law. Sample forms are included in the Forms section at the end of this Part One.
Subsequent to the "Pause" that New York State experienced in March 2020 due to the COVID-19 pandemic, arbitrators have turned increasingly to virtual platforms such as Zoom and Microsoft Teams to maintain their operations. The use of virtual ADR did exist prior to March 2020 with institutions such as JAMS, including provisions for virtual arbitration hearings within its rules.2 The COVID-19 pandemic, however, dramatically increased the use of this virtual option...
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- I. Introduction
- II. Arbitration Agreement
- A. Basic Agreement
- B. Choice/Conflict-Of-Law Issues
- C. Selection of the Arbitrator(S)
- III. Enforceability of Arbitration Agreements
- A. Punitive Damages
- B. Fraud Or Duress
- C. Waiver
- D. Statute of Limitations
- E. Class Action Arbitration
- lV. Arbitration Procedure
- A. Service of Notice
- B. Right To Seek Stay
- V. Application For Stay
- A. Grounds and Procedure
- B. Venue and Consolidation
- VI. Hearing Procedures
- A. Rights of Parties
- B. Powers of the Arbitrator
- VII. Procedure After Decision Is Rendered
- A. Modification of Award By Arbitrator
- B. Vacating Or Modifying Award By the Court
- C. Confirmation of the Award
- VIII. Judgment on the Award
- lX. Attorney-Client Fee Disputes
- A. Amendment of Documents
- B. Procedure
- C. Arbitration Hearings
- D. De Novo Review
- Arbitration—Index of Forms
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