N.Y. CPLR § 7503

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7503 Application to compel or stay arbitration; stay of action;notice of intention to arbitrate § 7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate. (a) Application to compelarbitration; stay of action. A party aggrieved by the failure ofanother to arbitrate may apply for an order compelling arbitration.Where there is no substantial question whether a valid agreement wasmade or complied with, and the claim sought to be arbitrated is notbarred by limitation under subdivision (b) of section 7502, the courtshall direct the parties to arbitrate. Where any such question israised, it shall be tried forthwith in said court. If an issue claimedto be arbitrable is involved in an action pending in a court havingjurisdiction to hear a motion to compel arbitration, the applicationshall be made by motion in that action. If the application is granted,the order shall operate to stay a pending or subsequent action, or somuch of it as is referable to arbitration.(b) Application to stay arbitration. Subject to the provisions ofsubdivision (c), a party who has not participated in the arbitration andwho has not made or been served with an application to compelarbitration, may apply to stay arbitration on the ground that a validagreement was not made or has not been complied with or that the claimsought to be arbitrated is barred by limitation under subdivision (b) ofsection 7502.(c) Notice of intention to arbitrate. A party may serve upon anotherparty a demand for arbitration or a notice of intention to arbitrate,specifying the agreement pursuant to which arbitration is sought and thename and address of the party serving the notice, or of an officer oragent thereof if such party is an association or corporation, andstating that unless t which arbitration is sought and thename and address of the party serving the notice, or of an officer oragent thereof if such party is an association or corporation, andstating that unless the party served applies to stay the arbitrationwithin twenty days after such service he shall thereafter be precludedfrom objecting that a valid agreement was not made or has not beencomplied with and from asserting in court the bar of a limitation oftime. Such notice or demand shall be served in the same manner as asummons or by registered or certified mail, return receipt requested. Anapplication to stay arbitration must be made by the party served withintwenty days after service upon him of the notice or demand, or he shallbe so precluded. Notice of such application shall be served in the samemanner as a summons or by registered or certified mail, return receiptrequested. Service of the application may be made upon the adverseparty, or upon his attorney if the attorney's name appears on the demandfor arbitration or the notice of intention to arbitrate. Service of theapplication by mail shall be timely if such application is posted withinthe prescribed period. Any provision in an arbitration agreement orarbitration rules which waives the right to apply for a stay ofarbitration is hereby declared null and void.