N.Y. Civil Practice Law & Rules § 7554: Selection of arbitrators

§ 7554. Selection of arbitrators. (a) An arbitration under this

article shall be heard by a panel of three arbitrators. The chairperson

of the panel shall be an attorney who shall be appointed to serve in

such capacity on a full-time basis for a fixed term. The chairperson

shall have jurisdiction over prehearing procedures. Qualifications for

the selection of such chairpersons shall be established by the

arbitration administrator, subject to the approval of the superintendent

of financial services.

(b) Except as otherwise provided in subdivision (e) of this section,

the remaining two arbitrators, hereinafter referred to as associate

arbitrators, shall be selected from a pool of candidates established

pursuant to the rules and procedures promulgated by the arbitration

administrator and approved by the superintendent of financial services.

Attorneys whose practice substantially involves representation in

personal injury matters, physicians, dentists, hospital and health

maintenance organization personnel and other health care providers shall

not be eligible to serve as associate arbitrators. The rules and

procedures pertaining to selection of associate arbitrators under this

article shall provide that the arbitration administrator send

simultaneously to each party an identical list of associate arbitrator

candidates, together with a brief biographical statement on each

candidate. A party may strike from the list any name which is

unacceptable and shall number the remaining names in order of

preference. When the lists are returned to the arbitration administrator

they shall be compared and the first two mutually agreeable associate

arbitrator candidates shall be invited to serve.

(c) When two mutually agreed upon associate arbitrators have not been

selected from the first list, a second list of such candidates shall be

sent in the manner provided for in subdivision (b) of this section.

(d) If a complete panel is not selected by mutual agreement of the

parties pursuant to subdivisions (b) and (c) of this section, then,

under applicable rules and procedures of the arbitration administrator,

which are approved by the superintendent of financial services, the

arbitration administrator shall appoint the remaining associate

arbitrators. Any appointment of an associate arbitrator by the

arbitration administrator shall be subject to challenge by any party for

cause. To be sufficient, a challenge must allege facts which establish

that community, professional or other pressures are likely to influence

the objectivity of the appointed associate arbitrator. A decision on a

request to strike an arbitrator for cause shall be made by the

arbitration administrator.

(e) The parties shall not be restricted to the associate arbitrator

candidates submitted for consideration. If all parties mutually agree

upon one or more associate arbitrators, such arbitrators shall be

invited to serve.