The New York Arbitration Guidelines are a set of rules and regulations published by the New York State Bar Association, concerning the conduct of arbitration proceedings in New York State. The Guidelines are designed to ensure that the arbitration process is conducted in a fair and efficient manner and that both parties receive a fair hearing. The Guidelines provide for the appointment of an arbitrator or panel of arbitrators, the qualifications of the arbitrator(s), the procedures to be followed at the arbitration hearing, the fees to be paid to the arbitrator, and the rules of evidence applicable to the hearing. The New York Arbitration Guidelines come in two varieties: the New York Commercial Arbitration Guidelines and the New York Consumer Arbitration Guidelines. The Commercial Arbitration Guidelines are applicable to disputes involving business contracts, while the Consumer Arbitration Guidelines apply to disputes involving consumer transactions. The Guidelines are updated periodically to reflect changes in the law and to provide guidance for arbitrators in resolving disputes.
New York Arbitration Guidelines
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An arbitration proceeding must be completed within 12 months (and an additional six months if mutually agreed by the parties) from the date on which the statement of claim and the statement of defence are filed in an arbitration.
Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed. The arbitrator will write the award and the AAA® will send that to the parties once it is ready.
Both should be designed to fit the requirements of the particular dispute. Conduct of the arbitration. The arbitration hearing. The award. Challenging/appealing the award. International arbitration enforcement.
Both sides agree to arbitration. You choose between and arbitrator and a judge. If you don't agree with the decision you can ask for a new trial (trial de novo). You sign an agreement to accept the arbitrator's decision whether you win or lose.
Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.
There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.
Similarly, New York's CPLR Section 7515 renders mandatory arbitration agreements unenforceable when it comes to claims of discrimination.