N.Y. Civil Practice Law & Rules § 7502: Applications to the court; venue; statutes of limitation; provisional remedies

§ 7502. Applications to the court; venue; statutes of limitation;

provisional remedies. (a) Applications to the court; venue. A special

proceeding shall be used to bring before a court the first application

arising out of an arbitrable controversy which is not made by motion in

a pending action.

(i) The proceeding shall be brought in the court and county specified

in the agreement. If the name of the county is not specified,

proceedings to stay or bar arbitration shall be brought in the county

where the party seeking arbitration resides or is doing business, and

other proceedings affecting arbitration are to be brought in the county

where at least one of the parties resides or is doing business or where

the arbitration was held or is pending.

(ii) If there is no county in which the proceeding may be brought

under paragraph (i) of this subdivision, the proceeding may be brought

in any county.

(iii) Notwithstanding the entry of judgment, all subsequent

applications shall be made by motion in the special proceeding or action

in which the first application was made.

(iv) If an application to confirm an arbitration award made within the

one year as provided by section seventy-five hundred ten of this

article, or an application to vacate or modify an award made within the

ninety days as provided by subdivision (a) of section seventy-five

hundred eleven of this article, was denied or dismissed solely on the

ground that it was made in the form of a motion captioned in an earlier

special proceeding having reference to the arbitration instead of as a

distinct special proceeding, the time in which to apply to confirm the

award and the time in which to apply to vacate or modify the award may,

notwithstanding that the applicable period of time has expired, be made

at any time within ninety days after the effective date of this

paragraph, and may be made in whatever form is appropriate (motion or

special proceeding) pursuant to this subdivision.

(b) Limitation of time. If, at the time that a demand for arbitration

was made or a notice of intention to arbitrate was served, the claim

sought to be arbitrated would have been barred by limitation of time had

it been asserted in a court of the state, a party may assert the

limitation as a bar to the arbitration on an application to the court as

provided in section 7503 or subdivision (b) of section 7511. The failure

to assert such bar by such application shall not preclude its assertion

before the arbitrators, who may, in their sole discretion, apply or not

apply the bar. Except as provided in subdivision (b) of section 7511,

such exercise of discretion by the arbitrators shall not be subject to

review by a court on an application to confirm, vacate or modify the

award.

(c) Provisional remedies. The supreme court in the county in which an

arbitration is pending or in a county specified in subdivision (a) of

this section, may entertain an application for an order of attachment or

for a preliminary injunction in connection with an arbitration that is

pending or that is to be commenced inside or outside this state, whether

or not it is subject to the United Nations convention on the recognition

and enforcement of foreign arbitral awards, but only upon the ground

that the award to which the applicant may be entitled may be rendered

ineffectual without such provisional relief. The provisions of articles

62 and 63 of this chapter shall apply to the application, including

those relating to undertakings and to the time for commencement of an

action (arbitration shall be deemed an action for this purpose), except

that the sole ground for the granting of the remedy shall be as stated

above. If an arbitration is not commenced within thirty days of the

granting of the provisional relief, the order granting such relief shall

expire and be null and void and costs, including reasonable attorney's

fees, awarded to the respondent. The court may reduce or expand this

period of time for good cause shown. The form of the application shall

be as provided in subdivision (a) of this section.