In re the Arbitration between Iron Workers Local Union No. 361 & Ornamental Iron Workers

—Order and judgment (one paper), Supreme Court, New York County (Beatrice Shainswit, J.), entered July 19, 1995, which granted petitioners’ application to confirm an arbitration award and denied respondent’s cross petition to vacate the award, unanimously affirmed, with costs.

The IAS Court correctly held that respondent waived its claim that the dispute was not arbitrable. With respect to a party who was served with a notice of intent to arbitrate, the time to seek a judicial determination of arbitrability is before arbitration commences, and not in response to an application to confirm the…