Arbitration Absent Agreement: A Survey of New York Statutory Nonconsensual Binding Arbitration
Written By:
By Eugene H. Goldberg, Associate
Gallet Dreyer & Berkey, LLP
Arbitration is usually based upon the parties’ consent. The parties to a written agreement provide for arbitration of future disputes or submit an existing dispute to arbitration. But several New York statutes require that the parties’ contract contain a binding arbitration-type provision, or alternatively allow one party to demand binding arbitration even though the parties never agreed to do so.
Nonconsensual Arbitration
Nonconsensual arbitration is found in several New York state statutes. The Taylor Law (Civil Service Law §209) allows nonconsensual arbitration as a last resort: After engaging with the Public Employment Relations Board, arbitrators can write provisions of a contract between public sector unions and a public body. The Lemon Law (General Business Law §198-a(k)) allows, but does not compel, arbitration between a consumer and an auto... Read the Article
Eugene H. Goldberg
Mr. Goldberg has practiced construction law for over 40 years on all sides of the construction triangle (contractor owner designer), including materialmen, engineers retained by architects, inspectors approving the release of monies under building loans, and sureties. He emphasizes insurance coverage in his handling of matters.