CPLR Art 75 Volume 1

Question 1

7501. Effect of arbitration agreement.

• A written agreement to arbitrate any controversy, whether existing or future, is enforceable in court.
• The court will not consider whether the claim is ____________ or pass on the _____________of the dispute.

Answer 1

Tenable…………merits

Question 2

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Applications to the court; venue.

A ____________ must be used to bring the first application arising out of an arbitrable controversy to court if the application is not made by motion in a pending action.

Answer 2

special proceeding

Question 3

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Applications to the court; venue.

• The proceeding shall be brought in the court and county specified _____________
• 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 ___________ or _____________ , and other proceedings affecting arbitration are to be brought in the county where at least one of the parties _______________ or ____________ or where the arbitration was held or is pending. If none of these conditions fit the situation, it can be brought in any _________ .

Answer 3

in the agreement……. resides or is doing business…. resides or is doing business. county

Question 4

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Applications to the court; venue.

Even after a judgment is entered, all subsequent applications must be made by _______ in the same special proceeding or action in which the first application was made.

Answer 4

motion

Question 5

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Applications to the court; venue.

If an application to confirm, vacate, or modify an arbitration award was denied or dismissed because 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 applicant can file a new application in the correct form within _______ of the effective date of this paragraph. The new application can be made in either form, as a motion or as a special proceeding.

Answer 5

90 days

Question 6

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Limitation of time.

• A party can challenge a demand to arbitrate or notice of arbitration if the claim would be past the statute of limitations if it were brought in court.
• If such a defense is not made in an application to the court, it can still be asserted before the arbitrators, who will decide whether or not to apply it.
• Generally, the arbitrator’s decision shall not be subject to review by a court on an application to _________, _________, _________ the award.

Answer 6

confirm, vacate or modify

Question 7

7502. Applications to the court; venue; statutes of limitation; provisional remedies.

Provisional remedies.

• A court can grant provisional relief, including attachment,injunction and their related provisions, in an arbitration case if the applicant can show that the award may be rendered ineffectual without such relief.
• If an arbitration is not started within ________ of provisional relief being granted, the order granting relief will expire and be void. The respondent will also be awarded costs, including reasonable attorney’s fees. The ______________ period may be altered by the court.

Answer 7

THIRTY (30) DAYS ……… THIRTY (30) DAY

Question 8

7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
      Application to compel arbitration; stay of action.

• A party aggrieved by the failure of another to arbitrate may apply for an order _________ arbitration.
• If there is no dispute about whether an arbitration agreement exists or if it has been complied with, and the claim is not barred by ________________ , the court will order the parties to arbitrate. If there is a dispute about any of these matters, the court shall ___________ the dispute.
• If a dispute that is subject to arbitration is already pending in court that can hear arbitrations, the application to compel arbitration must be made by motion in that court. If the application is granted, the order shall operate to ________ a pending or subsequent action, or so much of it as is referable to arbitration.

Answer 8

Compelling ……the statute of limitations ….. try…. stay

Question 9

7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
      Application to compel arbitration; stay of action.

Application to stay arbitration.

A party who has not participated in an arbitration and has not been served with an application to compel arbitration may apply to stay the arbitration on the grounds that a valid agreement __________ or has not been complied with or the claim is _____________

Answer 9

does not exist.. time-barred.

Question 10

7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
      Application to compel arbitration; stay of action.

Notice of intention to arbitrate.

Within ____ days, a person served with a demand to arbitrate must file an application to stay arbiration or he shall be precluded.

(A party can send a demand for arbitration or a notice of intention to arbitrate to another party. The demand or notice must specify the agreement that the arbitration is based on, the name and address of the party sending the notice and a notice that an application to stay arbitration must be made by the party served within ___________ after service upon him of the notice or demand, or he shall be precluded from doing so.)

Answer 10

TWENTY (20) DAYS

Question 11

7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
      Application to compel arbitration; stay of action.
      Notice of intention to arbitrate.

• Such notice or demand for arbitration and Notice of such application to stay arbitration shall be served in the same manner as a ___________ or by _____________ or _____________ , return receipt requested.
• Service of the application to stay arbitration may be made upon the adverse party, or upon his attorney if the attorney’s name appears on the demand for arbitration or the notice of intention to arbitrate. If served by mail, it must be posted within the ______________ period.

Answer 11

Summons ……. registered or certified mail……… twenty day

Question 12

7503. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
      Application to compel arbitration; stay of action.

Notice of intention to arbitrate.

Any provision in an arbitration agreement or arbitration rules which waives the right to apply for a __________________ is hereby declared null and void.

Answer 12

stay of arbitration

Question 13

7504. Court appointment of arbitrator.

If the arbitration agreement does not provide for a method of _________ of an arbitrator, or if the agreed method fails or for any reason is not followed, or if an arbitrator fails to act and his successor has not been appointed, the ____________ , on application of a party, shall appoint an arbitrator.

Answer 13

Appointment……… court

Question 14

505. Powers of arbitrator.

• An arbitrator and any attorney of record in the arbitration proceeding has the power to issue ____________
• An arbitrator has the power to _________________.

Answer 14

Subpoenas……. administer oaths

Question 15

7506. Hearing.

Oath of arbitrator.

Before hearing any testimony, an arbitrator shall be ________ to hear and decide the controversy faithfully and fairly by an officer authorized to administer an oath.

Answer 15

sworn

Question 16

7506. Hearing.

Time and place.

• The arbitrator shall notify parties at least _______ days before hearing.
• (The arbitrator shall appoint a time and place for the hearing and notify the parties in writing personally or by registered or certified mail at least __________ before the hearing.
• The arbitrator can adjourn or postpone the hearing, but the court can order the arbitrator to proceed ____________ on application by a party.

Answer 16

eight (8) days…. promptly

Question 17

7506. Hearing.

Evidence.

• The parties are entitled to be heard, to present evidence, and to cross-examine witnesses.
• Even if a notified party fails to appear, the arbitrator may hear and determine the controversy upon the ___________ .

Answer 17

evidence produced

Question 18

7506. Hearing.

Representation by attorney.

• A party has the right, which may not be waived, to be ____________ and may claim such right at any time as to any part of the arbitration or hearings which have not taken place.
• If a party is represented by an attorney,____________ to be served on the party must be served upon his attorney.

Answer 18

represented by an attorney … papers

Question 19

7506. Hearing.

Determination by majority.

The hearing shall be conducted by all the arbitrators, but a ___________ may determine any question and render an award.

Answer 19

majority

Question 20

7506. Hearing.

Waiver.

A requirement of this section, except for ____________________, may be waived by written consent of the parties and it is waived if the parties continue with the arbitration without objection.

Answer 20

right to counsel,

Question 21

7507. Award; form; time; delivery.

Except for ___________ , the award shall be in writing, signed and affirmed by the arbitrator making it within the time fixed by the agreement, or, if the time is not fixed, within such time as the court orders. The parties may in writing _____________ the time either before or after its expiration.

Answer 21

Award by confession.. extend

Question 22

7507. Award; form; time; delivery.

If an award is not made within the time required , a party can object to the award, but only if they notify the arbitrator in writing ____________ the award is delivered to them, otherwise the objection is waived.

Answer 22

before

Question 23

7507. Award; form; time; delivery.

The arbitrator shall deliver a copy of the award to each party in the manner provided in the agreement, or, if no provision is so made, personally or by ______________ or _______________ , return receipt requested.

Answer 23

registered or certified mail

Question 24

7508. Award by confession.

When available.

• An award by confession may be made for _____________ or to become due at any time before an award is otherwise made.
• The award shall be based upon a statement, ____________ by each party, containing an authorization to make the award, the sum of the award or the method of ascertaining it, and the facts constituting the liability.

Answer 24

money due ………..verified

Question 25

7508. Award by confession.

Time of award.

The award may be made at any time within ___________ after the statement is verified.

Answer 25

three (3) months

Question 26

7508. Award by confession.

The award may be made by an arbitrator or by the agency or person named by__________ to designate the abitrator.

Answer 26

the parties