2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 75 - (7501 - 7514) ARBITRATION
7502 - Applications to the court; venue; statutes of limitation; provisional remedies.


NY CPLR § 7502 (2012) What's This?
 
    §  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.

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