4 NYCRR 207.7

Selection process

Source version current through Oct 7, 2026

Source details

Selection process

After receipt of a demand for arbitration or submission to arbitrate, the director of conciliation

shall forward to the representatives named therein two copies of an identical panel list of seven

arbitrators selected from the panel of arbitrators. A resume, including per diem fee and billing

disclosure statement, of each arbitrator on such panel list shall be made available for the parties’

review. Each party shall have 10 days from date of the letter containing the panel list in which to

select, rank and return their selections to the director of conciliation.

(a)Selection and preferential ranking. Unless the parties have provided for their own method of

selecting an arbitrator in their agreement to arbitrate, the following process for the selection of an

arbitrator shall be employed: if more than four names on the panel list are acceptable, those

names shall be ranked in order of the party’s preference and the remaining name, if any, shall be

stricken. Otherwise the party shall strike no more than three names from the panel list and

indicate a preference among those names remaining by ranking them (1), (2), (3) and (4).

(b)Additional lists. If a party determines that more than three names on a panel list are

unacceptable, a request by such party for an additional panel list shall be filed with the director

of conciliation within the 10-day time period established for selection and preferential ranking. A

copy of such request shall be sent to the other party simultaneously. Each party shall have the

right to request one additional list, and consequently, no party shall receive more than three panel

lists. Pursuant to the selection process, if the parties fail to select an arbitrator after the

submission of a third panel list, the director of conciliation shall take whatever steps are

necessary to designate an arbitrator.

(c)Designation the arbitrator.

(1)Timely receipt of selections. Upon timely receipt of each party’s selections and

consistent with their selected order of preference, the director of conciliation shall

designate the arbitrator. If the designated arbitrator declines or is unable to serve, the

director of conciliation shall reserve the right to designate an arbitrator without the

submission of an additional panel list. In no case, however, will an arbitrator be

designated whose name was stricken by either or both parties.

(2)Failure to timely return selections. If a party fails to timely return its selections to the

director of conciliation, all names submitted in the panel list shall be deemed acceptable

to such party and the designation of the arbitrator shall be made according to the

preferences of the party whose selections have been timely received.