(a) The decision in the arbitration proceeding shall be in the form required by sections seven thousand five hundred seven and four thousand two hundred thirteen of this chapter and shall be filed with the arbitration administrator.
§ 7564.Form of decision; costs upon frivolous claims and counterclaims
Article 75-A. Health Care Arbitration · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 7564 requires the arbitration decision to follow the form used for arbitration awards and money judgments and to be filed with the administrator, and lets the panel award costs and attorney's fees against a party whose claim, counterclaim, defense, or cross claim is frivolous.
Full Text of CPLR 7564
(b) The panel of arbitrators shall be empowered to award costs and reasonable attorney’s fees to a successful party in an arbitration, if the panel finds that the action, claim, counterclaim, defense or cross claim of an unsuccessful party is frivolous, in accordance with the provisions and subject to the limitations of section eight thousand three hundred three-a of this chapter. The arbitration fee paid by the claimant shall be recoverable by the claimant in the event an award is made to the claimant.
Plain-English Summary
Subdivision (a) ties the form of a health care arbitration decision to two existing standards: the format required for arbitration awards generally and the format required for money judgments, and the decision must then be filed with the arbitration administrator. That filing requirement gives the decision an official record independent of the parties' own copies.
Subdivision (b) hands the panel a deterrent against frivolous litigation tactics: if the panel finds that an unsuccessful party's action, claim, counterclaim, defense, or cross claim was frivolous, it can award costs and reasonable attorney's fees to the successful party, applying the same limitations that govern frivolous-conduct sanctions under CPLR 8303-a. The subdivision also protects a claimant who wins: the arbitration fee the claimant paid becomes recoverable if an award is made in the claimant's favor.
Frequently Asked Questions
What form must a health care arbitration decision take?
Can the panel award attorney's fees in a health care arbitration?
Yes, if it finds that an unsuccessful party's claim, counterclaim, defense, or cross claim was frivolous, applying the standards and limits of CPLR 8303-a.
Can a claimant recover the arbitration fee they paid?
Yes, if an award is made in the claimant's favor, the arbitration fee the claimant paid becomes recoverable.
Where must the arbitration decision be filed?
What limits apply to an award of costs and fees for a frivolous claim under CPLR 7564?
The panel's power to award costs and reasonable attorney's fees for frivolous conduct is subject to the same provisions and limitations that govern frivolous-conduct sanctions under CPLR 8303-a.
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 1986.
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: form of arbitration decision New Yorkfrivolous claim sanctions arbitrationrecover arbitration fee award