{"jurisdiction": "us-ny", "code": "cplr", "section": "7503", "citation": "CPLR § 7503", "heading": "Application to compel or stay arbitration; stay of action; notice of intention to arbitrate", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/7503", "from_official_api": true, "plain_english": "A party may ask a court to compel or stay arbitration, and a notice of intention to arbitrate starts a short clock to object.\n- **(a)** A **party aggrieved by another's failure to arbitrate may apply to compel arbitration**. The court **must direct arbitration** if there is no substantial question whether a valid agreement was made or complied with and the claim is not time-barred under **§ 7502(b)**; any such question is **tried forthwith**. If the issue is part of a pending action in a court that can hear the motion, the application is **made by motion in that action**. A granted order **stays a pending or later action**, or the part referable to arbitration. ★\n- **(b)** Subject to subdivision (c), a party who **has not participated in the arbitration and has not made or been served with an application to compel** may apply to **stay arbitration** because no valid agreement was made or complied with, or the claim is time-barred under § 7502(b).\n- **(c)** A demand or notice of intention to arbitrate must specify the agreement and the serving party's name and address (or an officer's or agent's, for an association or corporation), and warn that unless the recipient **applies to stay within 20 days after service**, it is **precluded from objecting** that no valid agreement was made or complied with and from asserting a time bar in court. ★ It is served like a summons or by registered or certified mail, return receipt requested. The stay application is served the same way, on the adverse party or on the attorney named in the demand or notice, and is **timely by mail if posted within the period**. Any agreement or rule **waiving the right to seek a stay is void**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/7503", "publisher": "Elyphived LLC"}