(a) Except for the parties to the arbitration and their agents, officers, and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions. The fee and mileage of a witness subpoenaed upon the application of a party to the arbitration shall be paid by that party. The fee and mileage of a witness subpoenaed solely at the request of an arbitrator shall be deemed to be a cost of the proceeding.
§ 7562.Witnesses’ fees and mileage; arbitrators’ fees and expenses
Article 75-A. Health Care Arbitration · Last amended 2011 · Last verified July 21, 2026
In one sentenceCPLR 7562 entitles subpoenaed witnesses to the same fees and mileage paid in civil actions, assigns those costs to the party who called the witness or to the fund when an arbitrator calls one, and pays arbitrators from the fund at a rate the superintendent sets.
Full Text of CPLR 7562
(b) Each arbitrator’s salary or fees and expenses, together with any other costs of the proceeding shall be paid from the arbitration administration fund established pursuant to section five thousand six hundred three of the insurance law. The range of such salary or fees and expenses and the manner of their payment shall be established by regulation of the superintendent of financial services.
Plain-English Summary
Subdivision (a) treats witnesses in a health care arbitration the same way civil litigation treats them financially: anyone appearing under subpoena, other than a party or a party's own agents, officers, or employees, gets fees and mileage on the same terms as witnesses in a civil action. Whoever subpoenaed the witness pays those costs, except that if an arbitrator is the one who called the witness, the fee and mileage become a cost of the proceeding rather than a bill to either side.
Subdivision (b) turns to the arbitrators themselves. Their salary or fees, expenses, and any other costs of the proceeding come out of the arbitration administration fund created under the insurance law, and the superintendent of financial services sets the range of that compensation and how it gets paid by regulation. Neither witnesses nor arbitrators are left to negotiate their own pay case by case; both follow a structure set in advance.
Frequently Asked Questions
Do subpoenaed witnesses get paid for appearing at a health care arbitration?
Yes, the same fees and mileage prescribed by law for witnesses in civil actions, except for parties and their own agents, officers, or employees.
Who pays a witness's fee and mileage?
The party who subpoenaed the witness pays. If an arbitrator subpoenaed the witness instead, the fee and mileage count as a cost of the proceeding.
How are arbitrators paid under CPLR 7562?
From the arbitration administration fund established under the insurance law, at a salary or fee range and payment method the superintendent of financial services sets by regulation.
Are parties themselves entitled to witness fees if they testify?
No. CPLR 7562(a) excludes the parties and their own agents, officers, and employees from the witnesses entitled to fees and mileage.
Who sets the pay range for arbitrators serving under Article 75-A?
The superintendent of financial services sets the range of arbitrator salary or fees and expenses, and how they are paid, by regulation.
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 1986; amd, L 2011, ch 62, § 104 (Part A), eff Oct 3, 2011.
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: witness fees arbitration New Yorkarbitrator compensation health care arbitrationwho pays arbitrator fees