New York Laws
Article 75 - Arbitration
7503 - Application to Compel or Stay Arbitration; Stay of Action; Notice of Intention to Arbitrate.

(a) Application to compel
arbitration; stay of action. A party aggrieved by the failure of
another to arbitrate may apply for an order compelling arbitration.
Where there is no substantial question whether a valid agreement was
made or complied with, and the claim sought to be arbitrated is not
barred by limitation under subdivision (b) of section 7502, the court
shall direct the parties to arbitrate. Where any such question is
raised, it shall be tried forthwith in said court. If an issue claimed
to be arbitrable is involved in an action pending in a court having
jurisdiction to hear a motion to compel arbitration, the application
shall be made by motion in that action. If the application is granted,
the order shall operate to stay a pending or subsequent action, or so
much of it as is referable to arbitration.
(b) Application to stay arbitration. Subject to the provisions of
subdivision (c), a party who has not participated in the arbitration and
who has not made or been served with an application to compel
arbitration, may apply to stay arbitration on the ground that a valid
agreement was not made or has not been complied with or that the claim
sought to be arbitrated is barred by limitation under subdivision (b) of
section 7502.
(c) Notice of intention to arbitrate. A party may serve upon another
party a demand for arbitration or a notice of intention to arbitrate,
specifying the agreement pursuant to which arbitration is sought and the
name and address of the party serving the notice, or of an officer or
agent thereof if such party is an association or corporation, and
stating that unless the party served applies to stay the arbitration
within twenty days after such service he shall thereafter be precluded
from objecting that a valid agreement was not made or has not been
complied with and from asserting in court the bar of a limitation of
time. Such notice or demand shall be served in the same manner as a
summons or by registered or certified mail, return receipt requested. An
application to stay arbitration must be made by the party served within
twenty days after service upon him of the notice or demand, or he shall
be so precluded. Notice of such application shall be served in the same
manner as a summons or by registered or certified mail, return receipt
requested. Service of the application 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. Service of the
application by mail shall be timely if such application is posted within
the prescribed period. Any provision in an arbitration agreement or
arbitration rules which waives the right to apply for a stay of
arbitration is hereby declared null and void.