A. Service of Notice

• Jurisdiction: New York

A. Service of Notice

In all cases the arbitration procedure is initiated by service of notice on the opposing party of an intention to seek arbitration. The agreement may require this notice to be a formal demand for arbitration and may specify the manner and time of service. Absent any contractual specifications, a notice of intention to arbitrate may be served in lieu of a demand.⁷⁰ Service of the formal demand or notice of intention tolls the statute of limitations on the underlying action. To be effective, service must be made in the same manner as a summons or by registered mail, return receipt requested, unless the parties expressly agree otherwise.⁷¹

The notice or demand must "specif[y] the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice."⁷² It must also state that, unless the party served applies for a stay within 20 days after service, he or she will be precluded from objecting to the arbitration.⁷³ Care should be taken when using the Demand for Arbitration form provided by...