Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Feb 08, 2013 |
referred to judiciary |
Assembly Bill A4789
2013-2014 Legislative Session
Sponsored By
TITONE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
William Colton
Richard Gottfried
Harry B. Bronson
Charles Lavine
multi-Sponsors
Thomas Abinanti
Vivian Cook
Dennis H. Gabryszak
Michael Montesano
2013-A4789 (ACTIVE) - Details
2013-A4789 (ACTIVE) - Summary
Requires disclosure of possible conflicts; provides for the vacating of an arbitration award on the ground that the arbitrator was affiliated in any way with any party, or has a financial interest directly or indirectly in any party or in the outcome of the arbitration.
2013-A4789 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4789 2013-2014 Regular Sessions I N A S S E M B L Y February 8, 2013 ___________ Introduced by M. of A. TITONE, COLTON, GOTTFRIED, BRONSON, LAVINE -- Multi-Sponsored by -- M. of A. ABINANTI, COOK, GABRYSZAK, GIBSON, MONTESANO -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to grounds for vacating an arbitration award on the basis of partiality of the arbitrator THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 75 of the civil practice law and rules is amended by adding a new section 7500 to read as follows: S 7500. DEFINITIONS. AS USED IN THIS ARTICLE: (A) "ARBITRATION" MEANS A FORM OF DISPUTE RESOLUTION THAT IS AN ALTER- NATIVE TO LITIGATION, IN WHICH THE PARTIES AGREE TO BE BOUND BY THE DETERMINATION OF A NEUTRAL THIRD PARTY ARBITRATOR. (B) "NEUTRAL THIRD PARTY ARBITRATOR" MEANS AN ARBITRATOR OR PANEL OF ARBITRATORS EACH OF WHOM DOES NOT HAVE AN UNDISCLOSED KNOWN, DIRECT, AND MATERIAL INTEREST IN THE OUTCOME OF THE ARBITRATION PROCEEDING OR A KNOWN, EXISTING, AND SUBSTANTIAL RELATIONSHIP WITH A PARTY, COUNSEL, OR REPRESENTATIVE OF A PARTY. S 2. Section 7501 of the civil practice law and rules, as amended by chapter 532 of the laws of 1963, is amended to read as follows: S 7501. Effect of arbitration agreement. A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award; PROVIDED, HOWEVER, THAT ANY LANGUAGE REQUIRING THE CONTROVERSY BE SUBMITTED TO AN ARBITRATOR OR ARBITRATION ORGANIZATION THAT IS NOT A NEUTRAL THIRD PARTY ARBITRATOR, AS THAT TERM IS DEFINED IN SUBDIVISION (B) OF SECTION SEVENTY-FIVE HUNDRED OF THIS ARTICLE, SHALL BE DEEMED VOID; PROVIDED THAT IT SHALL BE VALID WITH RESPECT TO THE REQUIREMENT THAT THE CONTROVERSY BE ARBI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01422-02-3
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