One of the first questions confronting a party served with a notice of intention to arbitrate is when it must seek judicial intervention if it intends to challenge arbitration. CPLR 7503(c) provides the answer. Under the statute, a party served with a notice of intention to arbitrate generally must seek a stay of arbitration within twenty days after service of the notice or risk being precluded from later objecting to the arbitration.

Under the Federal Arbitration Act (“FAA”) and Article 75 of New York’s Civil Practice Law and Rules (“CPLR”), an action should be dismissed or stayed, and the claims referred to arbitration when they are subject to a broad, mandatory arbitration provision in the parties’ governing agreement.

By Jeffrey M. Haber What is a FINRA arbitration? The Financial Industry Regulatory Authority ("FINRA") issued a Regulatory Notice in July 2016 reminding member firms that customers have a right to request arbitration "at any time." In addition, the self-regulator stated that customers do not forfeit their right to a FINRA arbitration by signing an agreement that calls for another venue. The notice also reiterated that FINRA members cannot require registered representatives an