N.Y. CPLR § 7554

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7554 Selection of arbitrators § 7554. Selection of arbitrators. (a) An arbitration under thisarticle shall be heard by a panel of three arbitrators. The chairpersonof the panel shall be an attorney who shall be appointed to serve insuch capacity on a full-time basis for a fixed term. The chairpersonshall have jurisdiction over prehearing procedures. Qualifications forthe selection of such chairpersons shall be established by thearbitration administrator, subject to the approval of the superintendentof financial services.(b) Except as otherwise provided in subdivision (e) of this section,the remaining two arbitrators, hereinafter referred to as associatearbitrators, shall be selected from a pool of candidates establishedpursuant to the rules and procedures promulgated by the arbitrationadministrator and approved by the superintendent of financial services.Attorneys whose practice substantially involves representation inpersonal injury matters, physicians, dentists, hospital and healthmaintenance organization personnel and other health care providers shallnot be eligible to serve as associate arbitrators. The rules andprocedures pertaining to selection of associate arbitrators under thisarticle shall provide that the arbitration administrator sendsimultaneously to each party an identical list of associate arbitratorcandidates, together with a brief biographical statement on eachcandidate. A party may strike from the list any name which isunacceptable and shall number the remaining names in order ofpreference. When the lists are returned to the arbitration administratorthey shall be compared and the first two mutually agreeable associatearbitrator candidates shall be invited to serve.(c) When two mutually agreed upon associate arbitrators have not beensele they shall be compared and the first two mutually agreeable associatearbitrator candidates shall be invited to serve.(c) When two mutually agreed upon associate arbitrators have not beenselected from the first list, a second list of such candidates shall besent in the manner provided for in subdivision (b) of this section.(d) If a complete panel is not selected by mutual agreement of theparties pursuant to subdivisions (b) and (c) of this section, then,under applicable rules and procedures of the arbitration administrator,which are approved by the superintendent of financial services, thearbitration administrator shall appoint the remaining associatearbitrators. Any appointment of an associate arbitrator by thearbitration administrator shall be subject to challenge by any party forcause. To be sufficient, a challenge must allege facts which establishthat community, professional or other pressures are likely to influencethe objectivity of the appointed associate arbitrator. A decision on arequest to strike an arbitrator for cause shall be made by thearbitration administrator.(e) The parties shall not be restricted to the associate arbitratorcandidates submitted for consideration. If all parties mutually agreeupon one or more associate arbitrators, such arbitrators shall beinvited to serve.