Section 7556. Demand for arbitration; minors; consolidation of proceedings  


Latest version.
  • (a) Any person subject to an arbitration agreement may  seek  to  compel
      arbitration,  pursuant  to section seventy-five hundred three or section
      thirty hundred forty-five of this chapter.
        (b) Notwithstanding the provisions of section twelve hundred  nine  of
      this  chapter,  a  minor  child and a person judicially determined to be
      incompetent shall be bound  to  arbitrate  disputes,  controversies,  or
      issues  upon  the  execution  of an arbitration election on the person's
      behalf by a parent, legal  guardian,  committee,  conservator  or  other
      person  legally authorized to enroll such minor or incompetent person in
      a health maintenance organization, in accordance with the provisions  of
      section forty-five hundred six-a of the public health law.
        (c) Separate arbitration proceedings brought pursuant to this article,
      which  involve  common  question  of law and fact, shall be consolidated
      into a single arbitration proceeding.
        (d) Except for  arbitrations  commenced  pursuant  to  section  thirty
      hundred  forty-five  of this chapter, any case involving a person who is
      not bound to participate  in  the  arbitration  proceeding  pursuant  to
      subdivision (e) of section forty-four hundred six-a of the public health
      law  shall  not  be  subject  to the arbitration proceeding, unless such
      person and all parties who are subject to the arbitration consent to the
      arbitration of the claim. Absent such consent, any  party  may  seek  to
      stay  such  arbitrations, pursuant to section seventy-five hundred three
      of this chapter, notwithstanding any  time  limits  that  may  otherwise
      apply  to  such  a  stay,  and  require the matter to proceed as a civil
      action. In the event that such an arbitration is stayed, the arbitration
      administrator shall forthwith transfer the case  to  the  clerk  of  the
      court  in the venue designated by the plaintiff, where the case shall be
      expeditiously reviewed and assigned in accordance with rules promulgated
      by the chief administrator of the courts. If the demand for  arbitration
      was  made  or  a  notice of intention to arbitrate was served within the
      limitations of time specified by article two of this  chapter,  and  the
      arbitration  was  subsequently  stayed  and  transferred to a court, the
      action shall be deemed to have been timely commenced, in accordance with
      the provisions of subdivision (a) of section two hundred  five  of  this
      chapter.