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A08421 Summary:

BILL NOA08421
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRSeawright
 
MLTSPNSR
 
Amd §7507, CPLR
 
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 the arbitrator's findings of fact and conclusions of law.
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A08421 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8421
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to arbi- tration awards in consumer and employment disputes   PURPOSE: This bill would require arbitrators who decide consumer or employment- related disputes to set forth the basis for their awards.   SUMMARY OF PROVISIONS: Section one of the bill would amend section 7507 of the civil practice law and rules to require arbitrators who decide consumer or employment- related disputes to set forth the basis for their awards. Section two of the bill sets the effective date.   JUSTIFICATION: It is well-settled that arbitrators are not required to explain or justify their awards. E.g. Colletti v. Mesh, 23 AD2d 245 (1st Dept), affd 17 NY2d 460 (1965). In recent years, there has been a proliferation of arbitration hearings in consumer and employment matters. It is particularly impbrtant for consumers and employees to know the basis for awards rendered in hearings in which they have participated. This bill does not purport to be a burden upon arbitrators. Or otherwise amelio- rate any of the benefits of arbitration, such as speed and efficiency of adjudication. Still, it is difficult, if not impossible for a losing arbitration participant to know whether any grounds exist to vacate the arbitration award pursuant to CPLR 7511 if the basis for the award remains unknown. This bill was modeled upon 11 NYCRR 65-4.5(s) which has worked well for many years in providing automobile insureds and insurers with the same basic information about arbitration awards in matters brought pursuant to Article 51 of the Insurance Law (no fault arbitrations).   PRIOR LEGISLATIVE HISTORY: 2023-24 - A.3450 - Referred to Judiciary/S.4107 - Referred to Judiciary 2021-22 - A.2193 - Passed Assembly/S.4914 - Referred to Judiciary 2019-20 - A.7572 - Passed Assembly/S.2630 - Referred to Judiciary 2017-2018 - A.6372 - Passed Assembly / S.6225 - Referred to Judiciary 2015-2016 - A.10090-A - Referred to Judiciary / S.8040 - Referred to Judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
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