N.Y. Civil Practice Law & Rules § 3033: Contracts to submit; enforcement of submission

§ 3033. Contracts to submit; enforcement of submission. 1. Any written

contract, otherwise valid under the substantive law, to submit any

existing or future controversy to the court pursuant to section 3031 is

valid and enforceable and shall be construed as an implied consent of

the parties to the jurisdiction of the supreme court of this state to

enforce it pursuant to the procedures of rule 3036, and to enter

judgment thereon, and shall constitute a waiver by the parties of the

right to trial by jury.

2. If the parties to a dispute arising under a contract to submit a

controversy to the court under section 3031 are unable to agree on a

statement of claims and defenses and relief sought pursuant to that

section, the court on motion shall settle the terms of the statement.

In deciding the motion the court shall consider and determine any

questions as to the existence of the contract or its validity or the

failure of any party to perform it. If a substantial issue of fact be

raised as to the making of the contract or submission or the failure to

comply therewith, the court or judge shall proceed to trial of such

issue without a jury, unless either party should demand a jury trial.