Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property. Where a committee of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict.
§ 7512.Death or incompetency of a party
Article 75. Arbitration · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7512 keeps an arbitration alive when a party dies or becomes incompetent, letting the case continue through an executor, administrator, distributee, or committee, and letting the court extend deadlines to confirm, vacate, modify, or stay the award.
Full Text of CPLR 7512
Plain-English Summary
Death or incapacity doesn't have to end an arbitration mid-stream. CPLR 7512 lets the proceeding continue after a party's death, on the application of, or on notice to, that party's executor or administrator — or, in a case touching real property, the distributee or devisee who inherited the interest in that property. If a party instead becomes incompetent and a committee has been appointed over their person or property, the case can move forward through that committee in the same way.
Because death or incompetency can disrupt the usual deadlines, CPLR 7512 gives the court room to extend the time to apply to confirm, vacate, or modify an award, or to stay arbitration. And if a party dies after the award has already been delivered, the statute doesn't reinvent the wheel — it treats the situation the same way the law treats a party who dies after a jury verdict.
Frequently Asked Questions
What happens to an arbitration if a party dies before it's finished?
CPLR 7512 lets the proceeding continue on the application of, or notice to, the deceased party's executor or administrator.
Can an arbitration involving real property continue after a party's death?
Yes — CPLR 7512 lets the distributee or devisee who inherited the real property interest step in and continue the proceedings.
What if a party becomes incompetent during arbitration?
If a committee has been appointed over that party's person or property, CPLR 7512 lets the arbitration continue through the committee.
Can a court extend arbitration deadlines because a party died or became incompetent?
Yes. CPLR 7512 lets the court extend the time to apply to confirm, vacate, or modify an award, or to stay arbitration, when a party has died or become incompetent.
What happens if a party dies after the arbitration award is already delivered?
CPLR 7512 treats that situation the way New York law treats a party who dies after a jury verdict.
Advisory Committee Notes
This section is derived from provisions contained in CPA § 1468. See also notes to § 7501.
The first two sentences cover explicitly the provisions of the first two sentences of CPA § 1468 dealing with death or incompetency of a party. The language of the former section has been slightly modified and conformed to the style used generally. As in these provisions generally, the specific reference governs the more general one so that the general provisions of § 210 applying where the claimant or person liable dies, is superseded by § 7512 so far as arbitration is concerned.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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: party dies during arbitration New Yorkincompetent party arbitration New Yorkexecutor continue arbitration New York