N.Y. Civil Practice Law & Rules § 7503: Application to compel or stay arbitration; stay of action; notice of intention to arbitrate

§ 7503. Application to compel or stay arbitration; stay of action;

notice of intention to arbitrate. (a) Application to compel

arbitration; stay of action. A party aggrieved by the failure of

another to arbitrate may apply for an order compelling arbitration.

Where there is no substantial question whether a valid agreement was

made or complied with, and the claim sought to be arbitrated is not

barred by limitation under subdivision (b) of section 7502, the court

shall direct the parties to arbitrate. Where any such question is

raised, it shall be tried forthwith in said court. If an issue claimed

to be arbitrable is involved in an action pending in a court having

jurisdiction to hear a motion to compel arbitration, the application

shall be made by motion in that action. If the application is granted,

the order shall operate to stay a pending or subsequent action, or so

much of it as is referable to arbitration.

(b) Application to stay arbitration. Subject to the provisions of

subdivision (c), a party who has not participated in the arbitration and

who has not made or been served with an application to compel

arbitration, may apply to stay arbitration on the ground that a valid

agreement was not made or has not been complied with or that the claim

sought to be arbitrated is barred by limitation under subdivision (b) of

section 7502.

(c) Notice of intention to arbitrate. A party may serve upon another

party a demand for arbitration or a notice of intention to arbitrate,

specifying the agreement pursuant to which arbitration is sought and the

name and address of the party serving the notice, or of an officer or

agent thereof if such party is an association or corporation, and

stating that unless the party served applies to stay the arbitration

within twenty days after such service he shall thereafter be precluded

from objecting that a valid agreement was not made or has not been

complied with and from asserting in court the bar of a limitation of

time. Such notice or demand shall be served in the same manner as a

summons or by registered or certified mail, return receipt requested. An

application to stay arbitration must be made by the party served within

twenty days after service upon him of the notice or demand, or he shall

be so precluded. Notice of such application shall be served in the same

manner as a summons or by registered or certified mail, return receipt

requested. Service of the application may be made upon the adverse

party, or upon his attorney if the attorney's name appears on the demand

for arbitration or the notice of intention to arbitrate. Service of the

application by mail shall be timely if such application is posted within

the prescribed period. Any provision in an arbitration agreement or

arbitration rules which waives the right to apply for a stay of

arbitration is hereby declared null and void.