N.Y. Comp. Codes R. & Regs. tit. 22 § 28.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 28.4 - Selection of panels of arbitrators

(a) The members of each panel of arbitrators shall be appointed by the commissioner from the list established by the Chief Administrator of the Courts of attorneys-at-law admitted to practice in the State of New York. The Chief Administrator may establish procedures to evaluate the qualifications of applicants for placement on the list. No attorney shall be appointed unless he or she shall have filed with the commissioner a consent to act and an oath or affirmation equitably and justly to try all actions coming before him or her. An attorney may be removed from the list in the discretion of the commissioner upon approval of the Chief Administrator.

(b) Names of attorneys shall be drawn at random from the list. Where a three-arbitrator panel is utilized, the first name drawn for each three-arbitrator panel shall be the chairperson thereof. The chairperson of each panel shall have been admitted to practice in New York State as an attorney for at least five years; and the second and third members must be admitted to practice but not for any specified period of time, unless the Chief Administrator shall, by order, otherwise determine. Not more than one member or employee of a partnership or firm shall be appointed to any panel.

(c) No attorney who has served as an arbitrator shall be eligible to serve again until all other attorneys on the current list have had an opportunity to serve.

(d) An arbitrator who is related by blood, marriage or professional ties to a party or his counsel shall be disqualified for cause. An arbitrator may disqualify himself upon his own application, or by application of a party made within five days of the receipt of the notice of the hearing as provided by section 28.6 of this Part. Should a party object to the arbitrator's refusal to disqualify himself or herself for cause, the party may apply to the arbitration commissioner for a ruling. The commissioner's ruling shall be binding on all parties. If an arbitrator is disqualified, the commissioner shall select another arbitrator in the manner authorized by this section.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 28.4