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A6372Assembly2017-2018 SessionSame asS6225

Require Arbitration Findings Explained

Official 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 findings thereon”

Sponsor Matthew TitoneAD-61+10 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Senate · Judiciary

What's happening

This bill requires arbitrators in consumer and employment disputes to provide written findings of fact and conclusions of law in their awards.

Why it matters

  1. Increases transparency and accountability. in arbitration decisions for consumers and employees by requiring arbitrators to clearly explain the facts and legal reasoning behind their awards, making it easier to understand how decisions are reached.

  2. Empowers parties to challenge unfair or erroneous awards. written findings and conclusions provide a documented basis for judicial review, potentially making it simpler to appeal or contest outcomes that are arbitrary or unsupported.

  3. Creates a more level playing field. for individuals in disputes with businesses or employers, as detailed written decisions reduce the risk of bias or inconsistency and can deter questionable arbitration practices.

  4. Excludes collectively bargained labor agreements. from this requirement, meaning unionized workers with collectively negotiated arbitration processes would not see a change, focusing the reform on individual consumer and non-union employment disputes.

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Who cares

  • Consumers in contract-based arbitration

    The bill would require awards in covered consumer disputes to state the disputed issues, findings of fact and conclusions of law, and decide every issue submitted.

  • Employers and employees

    Awards in covered contract-based employment arbitrations would have to explain the factual and legal findings and resolve all submitted issues.

  • Arbitrators

    Those handling covered consumer and employment disputes would face additional requirements for the content of their written awards.

  • Labor unions

    The bill would exempt agreements negotiated with a labor union through collective bargaining from the new award requirements.

Headline styles

Require Arbitration Findings Explained

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Matthew Titone

Assembly Member · Assembly District 61

1 Multi-sponsor

History

  1. Referred to judiciary
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.455
  5. Returned to assembly
  6. Died in senate
  7. Referred to judiciary
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.234
  11. Reported
  12. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S6225Senate

Require Detailed Arbitration Decisions

In Senate Committee · Judiciary · Sponsor Andrew J. Lanza

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6372

2017-2018 Regular Sessions

IN ASSEMBLY

March 6, 2017

Introduced by M. of A. TITONE, SEPULVEDA -- read once and referred to the Committee on Judiciary

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

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

Section 1. Section 7507 of the civil practice law and rules, as amended by chapter 952 of the laws of 1981, is amended to read as follows:

§ 7507. Award; form; time; delivery. (a) Except as provided in section 7508, the award shall be in writing, signed and affirmed by the arbitrator making it within the time fixed by the agreement, or, if the time is not fixed, within such time as the court orders.

(b) In a matter involving a consumer dispute, pursuant to section three hundred ninety-nine-c of the general business law, or an employment dispute between an employer and employee, as defined in section three of the Fair Labor Standards Act of 1938 (29 U.S.C. § 203), where arbitration was held pursuant to a contract, the award shall state the issues in dispute and shall contain the arbitrator's findings of fact and conclusions of law. Such award shall contain a decision on all issues submitted to the arbitrator. The provisions of this subdivision shall not apply to agreements negotiated with any labor union through collective bargaining.

(c) The parties may in writing extend the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he or she notifies the arbitrator in writing of his or her objection prior to the delivery of the award to him or her.

(d) The arbitrator shall deliver a copy of the award to each party in the manner provided in the agreement, or, if no provision is so made, personally or by registered or certified mail, return receipt requested.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09162-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.