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- Title
ARBITRATION BY INFANTS AGAINST MVAIC MUST BE STAYED FOR FAILURE TO COMPLY WITH CPLR 1209 WHICH PROVIDES THAT A CONTROVERSY INVOLVING AN INFANT SHALL BE SUBMITTED TO ARBITRATION ONLY WHEN THE INFANT'S REPRESENTATIVE HAD FIRST MADE AN APPLICATION TO THE COURT FOR AN ORDER TO PERMIT HIM TO SUBMIT THE CLAIM FOR ARBITRATION
- Abstract
This article focuses on the court ruling given in the Coughlin v. MVAIC case. The challenge that such provision refers only to statutory arbitration and not to contractual arbitration was refuted, because the general principle that a controversy cannot be arbitrated where one of the parties is under a stated disability, such as minors, is a provision which affects both statutory and common law arbitrations. Arbitration by infants against MVAIC must be stayed for failure to comply with CPLR 1209 which provides that a controversy involving an infant shall be submitted to arbitration only when the infant's representative had first made an application to the court for an order to permit him to submit the claim for arbitration.
- Subjects
LEGAL judgments; ACTIONS &; defenses (Law); ARBITRATION &; award; INFANTS; COMMERCIAL law; CIVIL procedure
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p118
- ISSN
0003-7893
- Publication type
Article