BILL NUMBER: S9432
SPONSOR: LANZA
 
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 OR GENERAL IDEA OF BILL:
This bill would require arbitrators who decide consumer or employment-
related disputes to set forth the basis for their awards.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would require arbitrators deciding consumer or employment-re-
lated matters pursuant to contract to state the issues in dispute, as
well as the arbitrator's findings of fact and conclusion of law.
Further, this bill requires the arbitrator to decide all issues submit-
ted.
 
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),
aff'd 17 NY2d 460 (1965). In recent years, there has been a prolifer-
ation of arbitration hearings in consumer and employment matters. It is
particularly important 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.
 
LEGISLATIVE HISTORY:
2025: A.8421 - Referred to Judiciary.
2024: S.4107 - Referred to Judiciary /A.4914- Passed Assembly
2023: S.4107 - Referred to Judiciary /A.4914- Passed Assembly
2022: S.4919- Referred to Judiciary /A.4914- Passed Assembly
2021: S.4919- Referred to Judiciary /A.4914- Passed Assembly
2020: S.2630- Referred to Judiciary/A.7572 -Referred to Judiciary
2019: S.2623 -Referred to Judiciary/A.6372 -Passed Assembly
2018: S.6225 -Referred to Judiciary/A.7572 -Referred To Rules
2017: S.6225 -Judiciary/A.6372 - Passed Assembly
2016: S.8040 -Referred to Rules / A.10090A - Passed Assembly
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall become law.

Statutes affected:
S9432: 7507 civil practice law