STATE OF NEW YORK
________________________________________________________________________
6650
IN SENATE
March 8, 2012
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Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
notice of intention to arbitrate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 7503 of the civil practice law
2 and rules, as amended by chapter 1028 of the laws of 1973, is amended to
3 read as follows:
4 (c) Notice of intention to arbitrate. A party may serve upon another
5 party a demand for arbitration or a notice of intention to arbitrate,
6 specifying the agreement pursuant to which arbitration is sought and the
7 name and address of the party serving the notice, or of an officer or
8 agent thereof if such party is an association or corporation, and stat-
9 ing that unless the party served applies to stay the arbitration within
10 [twenty] thirty days after such service [he] the party shall thereafter
11 be precluded from objecting that a valid agreement was not made or has
12 not been complied with and from asserting in court the bar of a limita-
13 tion of time. Such notice or demand shall be served in the same manner
14 as a summons or by registered or certified mail, return receipt
15 requested. An application to stay arbitration must be made by the party
16 served within [twenty] thirty days after service upon [him] such party
17 of the notice or demand, or [he] the party shall be so precluded.
18 Notice of such application shall be served in the same manner as a
19 summons or by registered or certified mail, return receipt requested.
20 Service of the application may be made upon the adverse party, or upon
21 [his] such party's attorney if the attorney's name appears on the demand
22 for arbitration or the notice of intention to arbitrate. Service of the
23 application by mail shall be timely if such application is posted within
24 the prescribed period. Any provision in an arbitration agreement or
25 arbitration rules which waives the right to apply for a stay of arbi-
26 tration is hereby declared null and void.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14024-01-2
S. 6650 2
1 § 2. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law and shall apply to all
3 actions pending on such effective date or commenced on or after such
4 effective date.
