§ 7502.Applications to the court; venue; statutes of limitation; provisional remedies
Article 75. Arbitration · Last amended 2005 · Last verified July 21, 2026
In one sentenceCPLR 7502 sets the procedural rules for bringing an arbitration matter to a New York court — what type of proceeding to file, which county to file it in, how a statute-of-limitations defense works, and when a court may issue an attachment or injunction to protect an arbitration.
(a)Applications to the court; venue. A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action.
(i)The proceeding shall be brought in the court and county specified in the agreement. If the name of the county is not specified, proceedings to stay or bar arbitration shall be brought in the county where the party seeking arbitration resides or is doing business, and other proceedings affecting arbitration are to be brought in the county where at least one of the parties resides or is doing business or where the arbitration was held or is pending.
(ii)If there is no county in which the proceeding may be brought under paragraph (i) of this subdivision, the proceeding may be brought in any county.
(iii)Notwithstanding the entry of judgment, all subsequent applications shall be made by motion in the special proceeding or action in which the first application was made.
(iv)If an application to confirm an arbitration award made within the one year as provided by section seventy-five hundred ten of this article, or an application to vacate or modify an award made within the ninety days as provided by subdivision (a) of section seventy-five hundred eleven of this article, was denied or dismissed solely on the ground that it was made in the form of a motion captioned in an earlier special proceeding having reference to the arbitration instead of as a distinct special proceeding, the time in which to apply to confirm the award and the time in which to apply to vacate or modify the award may, notwithstanding that the applicable period of time has expired, be made at any time within ninety days after the effective date of this paragraph, and may be made in whatever form is appropriate (motion or special proceeding) pursuant to this subdivision.
(b)Limitation of time. If, at the time that a demand for arbitration was made or a notice of intention to arbitrate was served, the claim sought to be arbitrated would have been barred by limitation of time had it been asserted in a court of the state, a party may assert the limitation as a bar to the arbitration on an application to the court as provided in section 7503 or subdivision (b) of section 7511. The failure to assert such bar by such application shall not preclude its assertion before the arbitrators, who may, in their sole discretion, apply or not apply the bar. Except as provided in subdivision (b) of section 7511, such exercise of discretion by the arbitrators shall not be subject to review by a court on an application to confirm, vacate or modify the award.
(c)Provisional remedies. The supreme court in the county in which an arbitration is pending or in a county specified in subdivision (a) of this section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitration that is pending or that is to be commenced inside or outside this state, whether or not it is subject to the United Nations convention on the recognition and enforcement of foreign arbitral awards, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief. The provisions of articles 62 and 63 of this chapter shall apply to the application, including those relating to undertakings and to the time for commencement of an action (arbitration shall be deemed an action for this purpose), except that the sole ground for the granting of the remedy shall be as stated above. If an arbitration is not commenced within thirty days of the granting of the provisional relief, the order granting such relief shall expire and be null and void and costs, including reasonable attorney’s fees, awarded to the respondent. The court may reduce or expand this period of time for good cause shown. The form of the application shall be as provided in subdivision (a) of this section.
Plain-English Summary
CPLR 7502 is the traffic-control section of Article 75. Subdivision (a) tells a party how to bring the first court application connected to an arbitration: file a special proceeding, unless the issue arises inside an action that is already pending, in which case a motion in that action will do. Every later application in the same dispute must be filed the same way, as a motion in that original proceeding or action.
Venue follows the arbitration agreement first. If the agreement names a court and county, that is where the case goes. If it doesn't, a proceeding to stay or bar arbitration belongs in the county where the party seeking arbitration resides or does business, while other arbitration-related proceedings go in the county tied to a party's residence, business, or the arbitration itself.
Subdivision (b) lets a party raise a statute-of-limitations defense against arbitration, with a wrinkle: raising it in court is not the only option, since an arbitrator may also apply or decline to apply that same time bar, and that arbitrator's call typically escapes court review. Subdivision (c) rounds out the section by letting the Supreme Court grant an attachment or preliminary injunction to keep an arbitration from becoming pointless while it plays out, so long as the arbitration follows within thirty days or the order expires and the party who obtained it pays the other side's costs.
Frequently Asked Questions
Do I file a lawsuit or a special proceeding to compel arbitration in New York?
CPLR 7502(a) calls for a special proceeding for the first arbitration-related application, unless the issue comes up inside an action already pending, in which case you bring it by motion in that action.
Which county do I file an arbitration application in?
File where the arbitration agreement says to file; if the agreement is silent, a proceeding to stay or bar arbitration goes in the county where the party seeking arbitration resides or does business, and other arbitration applications go where a party resides or does business or where the arbitration is held.
Can a statute-of-limitations defense block arbitration in New York?
Yes — CPLR 7502(b) lets a party raise the time bar in an application under CPLR 7503 or CPLR 7511(b), though failing to raise it in court does not stop the party from asking the arbitrator to apply it instead.
Can I get an attachment or injunction while my arbitration is pending?
CPLR 7502(c) lets the Supreme Court grant an order of attachment or a preliminary injunction connected to a pending or soon-to-be-commenced arbitration, but only on the ground that the eventual award could otherwise be rendered ineffective.
What happens if I get provisional relief but don't start the arbitration quickly?
The relief expires and becomes void if the arbitration is not commenced within thirty days of the order, and the court will award the other side costs, including reasonable attorney's fees, unless it extends that period for good cause.
Who decides whether an arbitration claim is too old, the court or the arbitrator?
Both may — a party can raise the time bar in court under CPLR 7502(b), and if it isn't raised there, the arbitrators may still apply or decline to apply the same bar at their own discretion.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 7501, under subheading “statute of limitations.”).
Subd (a) of this section is derived in part from CPA § 1459. The former law called the arbitration itself a special proceeding to make available such devices as examinations before trial. However, although arbitration examinations before trial, on notice or court order, were authorized (CPA §§ 1459, 308), the New York courts were reluctant to exercise their discretion to grant such orders because the parties, by their resort to arbitration, have expressed their desire to settle their differences out of court. See, e.g., Application of Katz (1957, 1st Dept) 3 AD2d 238, 160 NYS2d 159 (“apart from a showing of the necessity of court intervention, an examination before trial should not be directed by the court”). The matter of disclosure is better handled directly. Accordingly, the words “or to aid in arbitration” have been inserted in § 3102c. The provision that the initial application shall be made by beginning a special proceeding is derived from the provision in former § 1450 for service of an application to compel arbitration. Article 4, covering special proceedings generally, is applicable. It includes method of service. Cf. Matter of Glatzer (Insurance Research Service, Inc.) 5 AD2d 8, 169 NYS2d 424 (1st Dept 1957). Subsequent motions arising in the proceeding would be brought in the court which heard the initial motion. Thus, all matters relating to the same controversy are brought before the same court. See Pirsig, The New Uniform Arbitration Act, The Business Lawyer 44, 51 (April 1956). If the first application is made in a pending action rather than by a special proceeding, subsequent motions may be made in that action since no special proceeding would be pending. The section does not, however, preclude the commencing of a subsequent special proceeding in connection with the arbitration. The courts should not necessarily be bound by the label of “motion” or “special proceeding” put on an application by a litigant. Cf. § 103(c).
Subd (b) of this section is based on CPA § 1458-a. In the last sentence of this subdivision, replacing the last sentence of § 1458-a, the words “except as provided in subd (b) of § 7511” have been added. This makes it clear that the rule of non-review of the arbitrator’s decision regarding the statute of limitation would not apply where the motion to vacate on this ground is made by a party who has not appeared in the arbitration. It would seem that the same result would have been reached under CPA § 1458-a by virtue of its second paragraph, although its last sentence was not clear on the point.
Amendment History
Add, L 1962, ch 308; amd, L 1985, ch 253, § 1, eff Jan 1, 1986; L 2000, ch 226, § 1, eff Aug 16, 2000; L 2001, ch 567, § 1, eff Dec 19, 2001; L 2005, ch 703, § 1, eff Oct 4, 2005.
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 venue New Yorkwhich county to file arbitration application New Yorkstatute of limitations arbitration New Yorkattachment pending arbitration New Yorkpreliminary injunction pending arbitration New Yorkspecial proceeding to compel arbitration