Petition
(Compel Compliance with Arbitrator's Subpoena) (NY)

Summary

This Petition (Compel Compliance with Arbitrator's Subpoena) (NY) is a standard form that attorneys can use to commence a special proceeding in New York Supreme Court to compel a witness to comply with an arbitrator's subpoena to testify at an arbitration hearing in New York. This template contains practical guidance, drafting notes, and alternate clauses. Under New York's Civil Practice Law and Rules (C.P.L.R.), the arbitrator and any attorney of record in your arbitration proceeding may issue a subpoena. See N.Y. C.P.L.R. §§ 2302(a), 7505. This subpoena power is limited to procuring testimony at the arbitration hearing—not compelling pre-hearing depositions or document discovery. See DeSapio v. Kohlmeyer, 35 N.Y.2d 402 (1974); CSP Techs., Inc. v. Hekal, 869 N.Y.S.2d 449, 450 (1st Dep't 2008). If a subpoenaed witness fails to appear to give testimony at an arbitration hearing, you must petition the supreme court to compel compliance with the subpoena. See N.Y. C.P.L.R. § 2308(b). There are two procedural mechanisms you may use to compel compliance with an arbitrator's subpoena: • Commence a special proceeding. Where there is no action pending between the parties related to the arbitration, the party seeking to compel compliance with the subpoena must initiate a special proceeding. See N.Y. C.P.L.R. § 7502(a). • File a motion. Where there is an action pending between the parties related to the arbitration, typically because a party moved to compel or stay arbitration, the party seeking to compel compliance with the subpoena may file a motion in that action. See N.Y. C.P.L.R. § 7502(a). To commence a special proceeding, you must file a petition in the proper court and county the arbitration agreement specifies. The petition is similar to and must comply with the requirements for a complaint. See N.Y. C.P.L.R. § 402. For a relevant annotated template, see Subpoena (Arbitration Hearing Testimony) (NY). For information on issuing subpoenas governed by the FAA, see Compelling Evidence from Nonparties in Arbitration (U.S.) and Subpoena in Arbitration Checklist (U.S.). For information on subpoenas in New York state court litigations, see Discovery Subpoenas: Drafting, Issuing, and Serving (NY) and Discovery Subpoenas: Enforcing (NY).