Bill Text: NY A07572 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-02-11 - REFERRED TO JUDICIARY [A07572 Detail]

Download: New_York-2019-A07572-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7572

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 9, 2019
                                       ___________

        Introduced by M. of A. DINOWITZ, WEINSTEIN, GOTTFRIED, SEAWRIGHT -- read
          once and referred to the Committee on Judiciary

        AN  ACT  to amend the civil practice law and rules, in relation to arbi-
          tration awards in consumer and employment disputes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  7507  of  the  civil  practice law and rules, as
     2  amended by chapter 952 of the laws  of  1981,  is  amended  to  read  as
     3  follows:
     4    § 7507. Award; form; time; delivery. (a) Except as provided in section
     5  7508, the award shall be in writing, signed and affirmed by the arbitra-
     6  tor making it within the time fixed by the agreement, or, if the time is
     7  not fixed, within such time as the court orders.
     8    (b)  In  a  matter  involving  a consumer dispute, pursuant to section
     9  three hundred ninety-nine-c of the general business law, or  an  employ-
    10  ment  dispute  between  an  employer and employee, as defined in section
    11  three of the Fair Labor Standards Act of 1938 (29 U.S.C. §  203),  where
    12  arbitration  was  held pursuant to a contract, the award shall state the
    13  issues in dispute and shall contain the arbitrator's  findings  of  fact
    14  and  conclusions  of  law.  Such  award  shall contain a decision on all
    15  issues submitted to the arbitrator.  The provisions of this  subdivision
    16  shall  not  apply  to agreements negotiated with any labor union through
    17  collective bargaining.
    18    (c) The parties may in writing extend the time either before or  after
    19  its  expiration. A party waives the objection that an award was not made
    20  within the time required unless he or she  notifies  the  arbitrator  in
    21  writing  of  his  or her objection prior to the delivery of the award to
    22  him or her.
    23    (d) The arbitrator shall deliver a copy of the award to each party  in
    24  the  manner  provided  in the agreement, or, if no provision is so made,
    25  personally or by registered or certified mail, return receipt requested.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07417-01-9
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