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