13 New York Civil Practice: CPLR P 7502.00

Summary

CPLR 7502 provides a substantial amount of procedural framework to assist New York courts in enforcing arbitration agreements.

Disputes regarding whether a controversy is subject to arbitration generally arise in two situations. In the first scenario, a party to a pending action attempts to litigate a dispute that is the subject of an arbitration agreement. The party desiring arbitration can simply make a motion to compel arbitration of the dispute within the pending action. CPLR 7503(a). In the second scenario, a person or entity not a party to an action may serve a demand for arbitration or a notice of intention to arbitrate upon another. See CPLR 7503(c). If the recipient of the demand or notice wants to resist arbitration, CPLR 7502(a) provides that a special proceeding should be used to bring the dispute before the court. See CPLR Art. 4 (supplying procedure for special proceeding); ¶¶ 7502.02, 7503.31, 7503.32 below.

CPLR 7502(a) also provides the rules regarding venue of special ...