New York Arbitration Designating Procedure is a process that is used to settle disputes in a timely and cost-effective manner. This process is available in both the commercial and civil context. The procedure involves the selection of an impartial third-party, known as an arbitrator, to review the parties’ dispute, hear evidence, and issue a final, binding decision on the matter. There are two types of New York Arbitration Designating Procedures: a three-person panel and a single-person panel. In a three-person panel, the parties select two arbitrators and the third is appointed by the American Arbitration Association. In a single-person panel, the parties select one arbitrator and the other is appointed by the American Arbitration Association. The parties have the right to challenge the appointment of any arbitrator. The process is designed to ensure that the arbitrator is impartial and free from any bias. New York Arbitration Designating Procedure is a very efficient way to resolve disputes. The process takes less time than traditional litigation and is generally more cost-effective. The process is also confidential, allowing the parties to maintain their privacy.
New York Arbitration Designating Procedure
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File online using the New York Insurance ADR Center online version of the Arbitration Request form (AAA Form AR1). Upload documents stored on your desktop. In addition, the successful submission of a case in ADR Center immediately generates a case number that will assist the filer with tracking the status of the case.
The New York State court system has established a Statewide Fee Dispute Resolution Program (FDRP) to resolve attorney-client disputes over legal fees through arbitration (and in some cases mediation). The FDRP is established by Part 137 of the Rules of the Chief Administrator of the Courts.
The arbitral procedure shall in general comprise two distinct phases: pleadings and hearing. 2. The pleadings shall consist in the communication by the respective agents to the members of the tribunal and to the opposite party of memorials, counter-memorials and, if necessary, of replies and rejoinders.
A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. A respondent responds to an arbitration claim by filing an answer that specifies the relevant facts and available defenses to the statement of claim.
Tit. 22 § 137.0 - Scope of program. This Part establishes the New York State Fee Dispute Resolution Program, which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation.
Section 137.2 General. (a) In the event of a fee dispute between attorney and client, whether or not the attorney already has received some or all of the fee in dispute, the client may seek to resolve the dispute by arbitration under this Part.