Arbitration of controversy involving infant, judicially declared incompetent or conservatee · as in force on May 31, 2026
§ 1209. Arbitration of controversy involving infant, judicially declared incompetent or conservatee. A controversy involving an infant, person judicially declared to be incompetent or conservatee shall not be submitted to arbitration except pursuant to a court order made upon application of the representative of such infant, incompetent or conservatee; provided, however, that a claim brought on behalf of an infant pursuant to paragraph one or two of subdivision (f) of section three thousand four hundred twenty of the insurance law may be submitted to arbitration without a court order.
A dispute involving a child, judicially declared incompetent person, or conservatee generally may go to arbitration only through a court order requested by that person’s representative. ★ The stated exception allows certain claims brought for a child under paragraph 1 or 2 of subdivision (f) of section 3420 of the Insurance Law to be arbitrated without a court order.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.