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New York - Chapter 15 - Interim Measures in the United States in Aid of Arbitration

Author(s): 
Marc Goldstein
Page Count: 
22 pages
Published: 
July, 2022
Jurisdictions: 
United States,
New York
Practice Areas: 
Judicial Granting of Interim Relief,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Formal Requirements,
Enforceability,
Orders for Security,
Relief and Remedies in General,
Time Limits,
Procedure for Enforcement,
Third Parties in Arbitral Proceedings,
Powers of Arbitrators
Author Detail: 

Marc Goldstein dedicates his professional time to service as an independent arbitrator and mediator of complex international and domestic business disputes. He established his own practice as a neutral and advocate in 2007. For more than two decades following graduation from the University of Virginia Law School he practiced with Proskauer Rose in New York, handling complex civil litigation and representing American and foreign clients in international arbitrations against sovereign States. A frequent lecturer and writer on international dispute resolution, Mr. Goldstein has authored the Arbitration Commentaries™ “blog” for the ADR community since 2009.

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Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS 

1.   Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

Yes. Practitioners from outside New York need not look beyond CPLR Article 75 in search of a more detailed statutory framework for arbitrations. There is none. New York has not adopted any version of the Revised Uniform Arbitration Act for domestic arbitrations, nor any adaptation of the UNCITRAL Model Law, as several other states have done, with respect to international arbitration.

(a)  If so, please describe the nature of any such provisional relief that is available.

The civil trial courts of general jurisdiction of the State of New York—New York’s supreme courts—are authorized by statute to grant an order of attachment or a preliminary injunction in connection with an arbitration. The relevant statutory provision is Section 7502(c) of the New York Civil Practice Law & Rules (CPLR), which is found in Article 75 of the CPLR concerning judicial proceedings in relation to arbitration.

(b)  If so, please indicate whether this may be done before or after an arbitration is commenced.

Section 7502(c) states that the courts may entertain an application for such relief in connection with an arbitration that is pending or one that is to be commenced. However, relief granted in relation to an arbitration not yet commenced, per section 7502(c), shall expire and shall be null and void if the arbitration is not commenced within 30 days of the granting of the provisional relief (subject to the discretion of the court to reduce or enlarge the 30 day period).