A controversy involving an infant, person judicially declared to be incompetent or conservatee shall not be submitted to arbitration except pursuant to a court order made upon application of the representative of such infant, incompetent or conservatee; provided, however, that a claim brought on behalf of an infant pursuant to paragraph one or two of subdivision (f) of section three thousand four hundred twenty of the insurance law may be submitted to arbitration without a court order.
§ 1209.Arbitration of controversy involving infant, judicially declared incompetent or conservatee.
Article 12. Infants, Incompetents and Conservatees · Last amended 1997 · Last verified July 21, 2026
In one sentenceCPLR 1209 keeps a child's, an adjudicated incompetent's, or a conservatee's dispute out of arbitration unless a court orders it, with a narrow exception for certain uninsured/underinsured motorist (SUM) insurance claims brought on a child's behalf.
Full Text of CPLR 1209
Plain-English Summary
Arbitration is a private substitute for a court hearing, and section 1209 won't let a child, a person judicially declared incompetent, or a conservatee end up there without a judge's sign-off. Their representative has to apply for a court order before the dispute can go to arbitration.
The one exception covers certain supplementary uninsured/underinsured motorist (SUM) insurance claims brought on a child's behalf under paragraph one or two of subdivision (f) of section 3420 of the Insurance Law. Those claims can go to arbitration without a separate court order.
Frequently Asked Questions
Can a child's claim be arbitrated in New York without a judge's approval?
Generally no. CPLR 1209 requires a court order before a dispute involving a child, an adjudicated incompetent, or a conservatee can go to arbitration.
Is there an exception that lets a minor's claim skip court approval for arbitration?
Yes. Certain supplementary uninsured/underinsured motorist (SUM) insurance claims brought on a child's behalf under Insurance Law 3420(f)(1) or (2) can go to arbitration without a court order.
Why can't an incompetent person's claim be arbitrated automatically?
The rule requires court oversight before a person judicially declared incompetent gets diverted from court into a private arbitration process.
Does a conservatee need court permission before arbitrating a dispute?
Yes, unless it falls within the SUM insurance exception, a conservatee's representative must get a court order before arbitration.
Who applies for the court order to arbitrate a child's claim?
The representative of the child, incompetent person, or conservatee applies to the court for the order permitting arbitration.
Advisory Committee Notes
This section is derived from subd 1 of CPA § 1448 with only language changes which do not affect the substance of the provision. The representative must be one mentioned in new CPLR § 1201.
The following sentence of CPA § 1448 has been omitted:
“But where a person capable of entering into a submission or contract has knowingly entered into the same with a person incapable of so doing, as prescribed in subdivision one of this section, the objection on the ground of incapacity can be taken only in behalf of the person so incapacitated.” In such a situation a representative of the infant or incompetent may have the award vacated pursuant to new CPLR § 7511(b) and equity principles would prevent a person who has knowingly entered into an arbitration with an infant or incompetent from raising the objection of incapacity.
Amendment History
Add, L 1962, ch 308; amd, L 1981, ch 115, § 26; L 1997, ch 365, § 1, eff Aug 5, 1997.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: arbitration infant claim New York court orderSUM arbitration minor New Yorkconservatee arbitration approvalcan a minor's claim be arbitrated NYcourt order required arbitration incompetent person