Death or incompetency of a party · as in force on May 31, 2026
§ 7512. Death or incompetency of a party. Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property. Where a committee of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict.
After a party to a written arbitration agreement dies, the proceeding may begin or continue on application by or notice to the executor or administrator, or the successor distributee or devisee for real property. If a committee is appointed for an incompetent party, the proceeding may continue on application by or notice to the committee. ★ The court may extend deadlines to confirm, vacate, modify, or stay arbitration after death or incompetency; death after delivery of an award is handled like death after a verdict.
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.