What is an article 75 proceeding?
Asked by: Jordan Franecki | Last update: July 18, 2025Score: 4.3/5 (37 votes)
Articles 4 and 5 give general information; Article 75 applies to proceedings concerning arbitration awards; Article 78 cases seek reversals of decisions of a government agency, body or officer.
What is an Article 75?
Namely, if you were fired as a result of an arbitrator's Education Law § 3020-a or § 3020-b decision, and wish to challenge the firing, then you would have to file an Article 75, which is a type of litigation that challenges the decision of an arbitrator.
What is Section 75 disciplinary proceedings?
Civil Service Law section 75 provides that a covered employee may not be removed or otherwise subjected to disciplinary penalty except for incompetency or misconduct shown after a hearing on stated charges.
What is Section 75 of arbitration?
Confidentiality. - Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.
What is an Article 78 special proceeding?
In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
How to make a successful Section 75 claim
What is an Article 77 proceeding?
Article 77 of New York's Civil Practice Law and Rules (“CPLR”) gives the Supreme Court concurrent jurisdiction with Surrogate's Court over cases involving most trusts, and allows the case to proceed as a “special proceeding” under CPLR Article 4.
What is an example of Article 78?
Other examples of special proceedings under article 78 are those brought by prisoners who challenge decisions made by the Commissioner of Corrections, such as transfer requests, or the Board of Parole; individuals who challenge determinations of the architectural review boards, school boards, planning commission, or ...
What voids an arbitration?
As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause. It is worth noting that many state courts will to set aside arbitration agreements where the parties have vastly disparate bargaining power (such as between employers and employees).
Does arbitration hold up in court?
Recently, the Supreme Court has held arbitration agreements to be valid in many consumer contracts. The Court opined that the Federal Arbitration Act (FAA) establishes liberal federal policy favoring arbitration agreements, and such agreements may only be overridden when there is a contrary Congressional command.
Can arbitrators award punitive damages?
It is clear that arbitrators and Courts will fill the void left by ambiguous contracts and may award punitive damages to a prevailing party unless specifically limited in the arbitration agreement.
What is section 75?
Fortunately, certain credit card purchases are likely to be legally protected under Section 75 of The Consumer Credit Act 1974. What does this mean? It means your credit card provider could be jointly responsible with the retailer or supplier if something goes wrong.
What makes a disciplinary hearing unfair?
Many other unfair methods can be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics include the falsification of documents, the influencing of witnesses, coercing employees to make admissions or confessions and tampering with audio and video tapes.
What is the Section 75 resolution?
Section 75 requires a director to disclose any personal financial interest that they or a related person has in respect of a matter to be considered at a meeting of the board of directors and recuse themselves from said meeting.
What is a section 75 hearing?
The Civil Service Law section 75 sets forth regulations concerning disciplinary actions for certain public employees. Before being fired or disciplined, the public employee has a right to receive a copy of the charges and has 8 days to respond. He or she also has the right to hire legal representation for the hearing.
What is Article 75 of AP I?
Additional Protocol I, Article 75: Fundamental Guarantees
Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken.
What is Article 75 of the Solvency II Directive?
Article 75Valuation of assets and liabilities
(b)liabilities shall be valued at the amount for which they could be transferred, or settled, between knowledgeable willing parties in an arm's length transaction.
Who usually wins in arbitration?
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
Is it better to settle or go to arbitration?
In most cases, arbitration tends to be more cost-effective. While arbitrator's fees can be significant, the overall expenses are generally lower because of limited discovery and quicker resolution.
What kind of cases go to arbitration?
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
Is arbitration good or bad?
Arbitration tends to be less expensive than litigation because it typically involves fewer procedural hurdles and streamlined processes. Additionally, arbitration can be faster, often resolving disputes more quickly than court cases, which can drag on for years. Another advantage is confidentiality.
What cannot be solved by arbitration?
Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.
How can I get out of arbitration?
Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.
How to win an article 78?
To win an Article 78 Proceeding the aggrieved individual must show that the Administrative Agency acted arbitrarily, capriciously, unreasonably or that the decision was not supported by substantial evidence. Issues regarding Article 78 filings tend to be very complicated and time consuming.
What is arbitrary and capricious?
Arbitrary and capricious
"A decision is arbitrary if it comes about seemingly at random or by chance or as a capricious and unreasonable act of will. It is capricious if it is the product of a sudden, impulsive and seemingly unmotivated notion or action." City of Livingston v. Park Conserv.
What is an example of Article 26 being violated?
Today, there are millions of people deprived of their human rights. According to the latest UNICEF report, 155 million children under the age of five are suffering from stunted growth which affects their bodies and minds. This is a violation of UDHR Article 26.