N.Y. Civil Practice Law & Rules § 7556: Demand for arbitration; minors; consolidation of proceedings

§ 7556. Demand for arbitration; minors; consolidation of proceedings.

(a) Any person subject to an arbitration agreement may seek to compel

arbitration, pursuant to section seventy-five hundred three or section

thirty hundred forty-five of this chapter.

(b) Notwithstanding the provisions of section twelve hundred nine of

this chapter, a minor child and a person judicially determined to be

incompetent shall be bound to arbitrate disputes, controversies, or

issues upon the execution of an arbitration election on the person's

behalf by a parent, legal guardian, committee, conservator or other

person legally authorized to enroll such minor or incompetent person in

a health maintenance organization, in accordance with the provisions of

section forty-five hundred six-a of the public health law.

(c) Separate arbitration proceedings brought pursuant to this article,

which involve common question of law and fact, shall be consolidated

into a single arbitration proceeding.

(d) Except for arbitrations commenced pursuant to section thirty

hundred forty-five of this chapter, any case involving a person who is

not bound to participate in the arbitration proceeding pursuant to

subdivision (e) of section forty-four hundred six-a of the public health

law shall not be subject to the arbitration proceeding, unless such

person and all parties who are subject to the arbitration consent to the

arbitration of the claim. Absent such consent, any party may seek to

stay such arbitrations, pursuant to section seventy-five hundred three

of this chapter, notwithstanding any time limits that may otherwise

apply to such a stay, and require the matter to proceed as a civil

action. In the event that such an arbitration is stayed, the arbitration

administrator shall forthwith transfer the case to the clerk of the

court in the venue designated by the plaintiff, where the case shall be

expeditiously reviewed and assigned in accordance with rules promulgated

by the chief administrator of the courts. If the demand for arbitration

was made or a notice of intention to arbitrate was served within the

limitations of time specified by article two of this chapter, and the

arbitration was subsequently stayed and transferred to a court, the

action shall be deemed to have been timely commenced, in accordance with

the provisions of subdivision (a) of section two hundred five of this

chapter.