Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
May 10, 2019 |
referred to judiciary |
Senate Bill S5669
2019-2020 Legislative Session
Sponsored By
(D) 32nd Senate District
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
Actions
2019-S5669 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3337
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §§7500 & 7505-a, amd §7501, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A7002
2013-2014: A4789
2015-2016: A2742
2017-2018: S8710, A6637
2021-2022: S2100, A1605
2023-2024: S461, A925
2019-S5669 (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.
2019-S5669 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5669 SPONSOR: SEPULVEDA TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To clarify the intent and protect the purpose of the existing laws regarding arbitration by creating a definition of the term arbitration SUMMARY OF PROVISIONS: Amends Article 75 Civil Practice Law and Rules by adding a provision to subdivision (b)(ii) of Section 7511 which adds the fact that an arbitra- tor has been affiliated with any party or has a direct or indirect financial interest in any party or in the outcome of the arbitration, as grounds to vacate an arbitration award.
2019-S5669 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5669 2019-2020 Regular Sessions I N S E N A T E May 10, 2019 ___________ Introduced by Sen. SEPULVEDA -- 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 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: § 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. § 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: § 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- TRATED. THE REQUIREMENT THAT THE CONTROVERSY BE HEARD BY A NEUTRAL THIRD EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.