Article 75 Arbitration

Question 1

  CPLR 7501
Select the best answer.
(a)   A written agreement to submit an existing controversy to arbitration is generally enforceable.
(b)   A written agreement to submit a future controversy to arbitration is generally enforceable.
(c)   Both (a) and (b) are correct.
(d)   Neither (a) nor (b) is correct.

Answer 1

Answer: (c)
CPLR 7501 provides that a written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable and confers jurisdiction on the courts of the State to enforce it and to enter judgment on an award. Thus, both choices (a) and (b) are correct.
NOTE: CPLR 7515 prohibits mandatory arbitration of employment related sexual harassment claims.

Question 2

 CPLR 7502
Select the best answer.
(a)   If, at the time that a demand for arbitration was made, the claim sought to be arbitrated would have been barred by the statute of limitations had the claim been asserted in a court of the State, the party may assert the limitation as a bar to the arbitration on an application to the court.
(b)   The County Court in the county in which an arbitration is pending may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.
(c)   Both (a) and (b) are correct.
(d)   Neither (a) nor (b) is correct.

Answer 2

Answer: (a)
CPLR 7502(b) clearly indicates that choice (a) is correct. CPLR 7502(c) provides that the Supreme Court may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy. The County Court has no such power. Thus, choice (b) is incorrect.

Question 3

  CPLR 7503
If one of the parties to an arbitration agreement refuses to arbitrate:
(a)   the parties must litigate their controversy in court, however the party refusing to arbitrate will be liable for all court costs
(b)   a motion to punish for contempt may be made
(c)   a motion may be made to compel arbitration
(d)   a motion for summary judgment in favor of the other party is available.

Answer 3

 Answer: (c)
CPLR 7503(a) provides that a party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. Thus, choice (c) is correct. All other choices are unsupported by the CPLR.

Question 4

     CPLR 7503
Within how many days after a party is served with a demand for arbitration must he move to stay the arbitration if he wishes to assert that the controversy is not within the scope of any agreement to arbitrate.
(a)   ten
(b)   twenty
(c)   thirty
(d)   sixty.

Answer 4

Answer: (b)
CPLR 7503(c) provides that the applicable time period is twenty days.

Question 5

    CPLR 7503
A demand for arbitration may be served:
1.   in the same manner as a summons
2.   by registered or certified mail, return receipt requested
3.   as a judge deems fit.
(a)   1, only
(b)   2, only
(c)   3, only
(d)   1 or 2, only
(e)   1, 2 or 3.

Answer 5

  Answer: (d)
CPLR 7503(c) provides that a demand for arbitration shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. Thus, choice (d) is correct.

Question 6

    CPLR 7505
Which of the following have the power to issue subpoenas in an arbitration proceeding:
I   any attorney of record in the proceeding
II   the arbitrator
III   any party.
(a)   I, only
(c)   I and II, only
(b)   II, only
(d)   I, II and III.

Answer 6

  Answer: (c)
CPLR 7505 provides that an arbitrator and any attorney of record in the arbitration proceeding has the power to issue subpoenas. Choice (c) is correct.

Question 7

 CPLR 7506
The right to be represented by an attorney in an arbitration proceeding:
(a)   does not exist unless expressly granted by the arbitration agreement
(b)   is solely governed by the American Bar Association’s Rules on Arbitration
(c)   exists unless expressly waived by the arbitration agreement
(d)   exists and cannot be waived.

Answer 7

Answer: (d)
CPLR 7506(d) provides that a party has the right to be represented by an attorney at an arbitration proceeding and that such right may not be waived. Thus, choice (d) is correct.

Question 8

CPLR 7510
Generally, the court must confirm an arbitration award upon application of a party made within _________ after its delivery to him.
(a)   1 year
(b)   2 years
(c)   5 years
(d)   7 years.

Answer 8

 Answer: (a)
CPLR 7510 The stated period is one year.