NY S03879

Establishes that in employment or consumer arbitration, if the drafting party (typically the employer or business) fails to pay required arbitration fees within 30 days of the due date, they are in material breach and waive their right to compel arbitration

Allows employees or consumers to withdraw claims from arbitration and proceed in court if the drafting party defaults on fee payments, with the statute of limitations tolled from the date of original filing

Requires arbitration providers to immediately send invoices to all parties stating the full amount owed and due date, with invoices due upon receipt unless the agreement specifies otherwise

Mandates courts impose monetary sanctions on drafting parties that materially breach arbitration agreements, including payment of reasonable attorneys' fees and costs incurred by employees or consumers

Authorizes additional sanctions for material breach including evidence sanctions (prohibiting discovery), terminating sanctions (striking pleadings or default judgment), and contempt of court orders