Hawaii Complaint to Enforce Arbitration Award

State:
Multi-State
Control #:
US-A9000
Format:
Word; 
Rich Text
Instant download

Description

Plaintiff submits this complaint to enforce an arbitration award against the defendant. Plaintiff contends in the complaint that defendant has failed to abide by the arbitration judgment.Plaintiff further requests that he/she be awarded all costs and reasonable expenses in bringing the action to court.
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FAQ

Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction. This means that the court can enforce it like it was any other court judgment.

Recognition or confirmation of an award is usually sought by filing a petition. The party seeking recognition and enforcement or confirmation of an award must submit to the court a copy of the award and the parties' arbitration agreement.

Arbitration claimants have access to the same collection tools as in a court judgment: if a respondent fails to pay an arbitration award, the claimant may take the award to court and have it converted to a judgment.

Motion to Enforce Arbitration Award Unlike a judgment obtained during court proceedings, an arbitrator's award is not directly enforceable. Until confirmed or vacated by court proceedings, an arbitration award has no more force or effect than a contract in writing between the parties to the arbitration.

Arbitration claimants have access to the same collection tools as in a court judgment: if a respondent fails to pay an arbitration award, the claimant may take the award to court and have it converted to a judgment.

"(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference.

If a party to an arbitration wishes to challenge an award for any reason, they need to make an application to a court except in the rare case where the parties' agreement provides for some type of appellate proceeding within the arbitration.

Many arbitration cases end with a settlement between parties, either through direct negotiation or through mediation. Others end with an award. If a claimant is awarded damages, the respondent must pay within thirty days of receiving the written award, unless the respondent files a motion to vacate.

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Hawaii Complaint to Enforce Arbitration Award