N.Y. CPLR § 7515

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7515 Mandatory arbitration clauses; prohibited § 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. Asused in this section:1. The term "employer" shall have the same meaning as provided insubdivision five of section two hundred ninety-two of the executive law.2. The term "prohibited clause" shall mean any clause or provision inany contract which requires as a condition of the enforcement of thecontract or obtaining remedies under the contract that the partiessubmit to mandatory arbitration to resolve any allegation or claim ofdiscrimination, in violation of laws prohibiting discrimination,including but not limited to, article fifteen of the executive law.3. The term "mandatory arbitration clause" shall mean a term orprovision contained in a written contract which requires the parties tosuch contract to submit any matter thereafter arising under suchcontract to arbitration prior to the commencement of any legal action toenforce the provisions of such contract and which also further provideslanguage to the effect that the facts found or determination made by thearbitrator or panel of arbitrators in its application to a partyalleging discrimination, in violation of laws prohibitingdiscrimination, including but not limited to, article fifteen of theexecutive law shall be final and not subject to independent courtreview.4. The term "arbitration" shall mean the use of a decision makingforum conducted by an arbitrator or panel of arbitrators within themeaning and subject to the provisions of article seventy-five of thecivil practice law and rules.(b) (i) Prohibition. Except where inconsistent with federal law, nowritten contract, entered into on or after the effective date of thissection shall contain a prohibited clause as defined in paragra (i) Prohibition. Except where inconsistent with federal law, nowritten contract, entered into on or after the effective date of thissection shall contain a prohibited clause as defined in paragraph two ofsubdivision (a) of this section.(ii) Exceptions. Nothing contained in this section shall be construedto impair or prohibit an employer from incorporating a non-prohibitedclause or other mandatory arbitration provision within such contract,that the parties agree upon.(iii) Mandatory arbitration clause null and void. Except whereinconsistent with federal law, the provisions of such prohibited clauseas defined in paragraph two of subdivision (a) of this section shall benull and void. The inclusion of such clause in a written contract shallnot serve to impair the enforceability of any other provision of suchcontract.(c) Where there is a conflict between any collective bargainingagreement and this section, such agreement shall be controlling.