2019 New York Laws
CVP - Civil Practice Law and Rules
Article 75 - Arbitration
7515 - Mandatory Arbitration Clauses; Prohibited.

Universal Citation: NY CPLR § 7515 (2019)
§ 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As
used in this section:
  1.  The  term  "employer"  shall  have the same meaning as provided in
subdivision five of section two hundred ninety-two of the executive law.
  2. The term "prohibited clause" shall mean any clause or provision  in
any  contract  which  requires  as a condition of the enforcement of the
contract or obtaining remedies  under  the  contract  that  the  parties
submit  to  mandatory  arbitration to resolve any allegation or claim of
discrimination,  in  violation  of  laws   prohibiting   discrimination,
including but not limited to, article fifteen of the executive law.
  3.  The  term  "mandatory  arbitration  clause"  shall  mean a term or
provision contained in a written contract which requires the parties  to
such  contract  to  submit  any  matter  thereafter  arising  under such
contract to arbitration prior to the commencement of any legal action to
enforce the provisions of such contract and which also further  provides
language to the effect that the facts found or determination made by the
arbitrator  or  panel  of  arbitrators  in  its  application  to a party
alleging   discrimination,   in   violation    of    laws    prohibiting
discrimination,  including  but  not  limited to, article fifteen of the
executive law shall be  final  and  not  subject  to  independent  court
review.
  4.  The  term  "arbitration"  shall  mean the use of a decision making
forum conducted by an arbitrator or  panel  of  arbitrators  within  the
meaning  and  subject  to  the provisions of article seventy-five of the
civil practice law and rules.

(b) (i) Prohibition. Except where inconsistent with federal law, no written contract, entered into on or after the effective date of this section shall contain a prohibited clause as defined in paragraph two of subdivision (a) of this section.

(ii) Exceptions. Nothing contained in this section shall be construed to impair or prohibit an employer from incorporating a non-prohibited clause or other mandatory arbitration provision within such contract, that the parties agree upon.

(iii) Mandatory arbitration clause null and void. Except where inconsistent with federal law, the provisions of such prohibited clause as defined in paragraph two of subdivision (a) of this section shall be null and void. The inclusion of such clause in a written contract shall not serve to impair the enforceability of any other provision of such contract.

(c) Where there is a conflict between any collective bargaining agreement and this section, such agreement shall be controlling.

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