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