Business-to-Business Arbitration Proceedings | 2023 NYS Legislative Agenda

The City Bar recommends amendments to pending legislation that would change New York’s regulation of business-to-business arbitration proceedings in a way which would disrupt long-established arbitration practices and could introduce considerable uncertainty in the resolution of numerous business-to-business disputes in New York. In particular, we urge the Legislature to support a central pillar of New York arbitration law, i.e., that parties get to decide the contours of their own arbitration process.  To the extent policymakers seek to address concerns regarding disparate bargaining power in arbitration, such as in the context of adhesion contracts between companies and consumers, or employment matters, those situations can and should be addressed in a way that does not disrupt decades of New York jurisprudence promoting party autonomy in business-to-business arbitration.


Bills of concern were not enacted during the 2023 legislative session