2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 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.