Possible way to avoid Arbitration Clause!

Asked almost 2 years ago - New York, NY

There is an AAA arbitration clause in an independent contract . Which of the following law and the actions of the party ( who is willing to arbitrate ) can prevent him / her from doing it in the small claims civil court , NY . The New York Arbitration Law - Article 75 , Civil Practice Law and Rules : Ref : HTTP : / / codes . LP . find law . com / encode / CAP / 75 Especially , Section 7501 Section 7502 Section 7503 1 ) If party seeking arbitration did not file the application to compel arbitrate within specific period of time , is he / her stopped by the limitation of time and court can accept to review the case instead of asking to go to arbitration . I know generally they are enforceable but is there any time limitation or and application should be filed ? Any other information welcome . Thanks in advance .

Attorney answers (3)

  1. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . This is a repeat post, see the old responses.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. Marco Caviglia

    Contributor Level 20

    Answered . This was posted earlier, and presumably the answers don't improve when reasked.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. Rand E Sacks Esq.

    Contributor Level 5

    Answered . Asking a question the 2nd time doesn't somehow result in different answers.

Related Topics


Arbitration is a way to settle disputes out of court. A neutral third party acts as a judge, hearing from both sides before making a legally binding decision.

Howard M Lewis

Differences in Arbitration

Arbitration can be either binding or nonbinding. Binding arbitration is final and generally the outcome cannot be appealed. Nonbinding arbitration is generally mandated by the courts and... more

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