NY State Senate Bill 2017-S6225

Senate Bill S6225

2017-2018 Legislative Session

Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and findings thereon

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Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
May 11, 2017	referred to judiciary

co-Sponsors

2017-S6225 (ACTIVE) - Details

See Assembly Version of this Bill:: A6372
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §7507, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8040, A10090
2019-2020: S2630, A7572
2021-2022: S4914, A2193
2023-2024: S4107, A3450

2017-S6225 (ACTIVE) - Summary

Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.

2017-S6225 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6225       REVISED MEMO 01/16/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to arbitration awards in consumer and employment disputes

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require arbitrators who decide consumer or employment-
related disputes to set forth the basis for their awards.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require arbitrators deciding consumer or employment-re-
lated matters pursuant to contract to state the issues in dispute, as
well as the arbitrator's findings of fact and conclusion of law.
Further, this bill requires the arbitrator to decide all issues submit-
ted

 
JUSTIFICATION:

It is well-settled that arbitrators are not required to explain or
justify their awards. E.g. Colletti v. Mesh, 23 AD2d 245 (1st Dept),
aff'd 17 NY2d 460 (1965). In recent years, there has been a prolifer-
ation of arbitration hearings in consumer and employment matters. It is
particularly important for consumers and employees to know the basis for
awards rendered in hearings in which they have participated. This bill
does not purport to be a burden upon arbitrators. Or otherwise amelio-
rate any of the benefits of arbitration, such as speed and efficiency of
adjudication.

Still, it is difficult, if not impossible for a losing arbitration
participant to know whether any grounds exist to vacate the arbitration
award pursuant to CPLR 7511 if the basis for the award remains unknown.
This bill was modeled upon 11 NYCRR 65-4.5(s) which has worked well for
many years in providing automobile insureds and insurers with the same
basic information about arbitration awards in matters brought pursuant
to Article 51 of the Insurance Law (no fault arbitrations).

 
PRIOR LEGISLATIVE HISTORY:

2017: S.6225 - Referred to Judiciary / A.6372 - Passed Assembly
2016: S.8040 - Referred to Rules / A.10090A - Passed Assembly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall become law.

2017-S6225 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6225
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  arbi-
   tration awards in consumer and employment disputes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7507 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  952  of  the  laws  of 1981, is amended to read as
 follows:
   § 7507. Award; form; time; delivery. (A) Except as provided in section
 7508, the award shall be in writing, signed and affirmed by the arbitra-
 tor making it within the time fixed by the agreement, or, if the time is
 not fixed, within such time as the court orders.
   (B) IN A MATTER INVOLVING A  CONSUMER  DISPUTE,  PURSUANT  TO  SECTION
 THREE  HUNDRED  NINETY-NINE-C OF THE GENERAL BUSINESS LAW, OR AN EMPLOY-
 MENT DISPUTE BETWEEN AN EMPLOYER AND EMPLOYEE,  AS  DEFINED  IN  SECTION
 THREE  OF  THE FAIR LABOR STANDARDS ACT OF 1938 (29 U.S.C. § 203), WHERE
 ARBITRATION WAS HELD PURSUANT TO A CONTRACT, THE AWARD SHALL  STATE  THE
 ISSUES  IN  DISPUTE  AND SHALL CONTAIN THE ARBITRATOR'S FINDINGS OF FACT
 AND CONCLUSIONS OF LAW. SUCH AWARD  SHALL  CONTAIN  A  DECISION  ON  ALL
 ISSUES  SUBMITTED TO THE ARBITRATOR.  THE PROVISIONS OF THIS SUBDIVISION
 SHALL NOT APPLY TO AGREEMENTS NEGOTIATED WITH ANY  LABOR  UNION  THROUGH
 COLLECTIVE BARGAINING.
   (C)  The parties may in writing extend the time either before or after
 its expiration. A party waives the objection that an award was not  made
 within  the  time  required  unless he OR SHE notifies the arbitrator in
 writing of his OR HER objection prior to the delivery of  the  award  to
 him OR HER.
   (D)  The arbitrator shall deliver a copy of the award to each party in
 the manner provided in the agreement, or, if no provision  is  so  made,
 personally or by registered or certified mail, return receipt requested.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09162-01-7

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Senate Bill S6225

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Sponsored By

Andrew J. Lanza