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.
Mississippi Complaint to Enforce Arbitration Award
Category:
State:
Multi-State
Control #:
US-A9000
Format:
Word;
Rich Text
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How to fill out Complaint To Enforce Arbitration Award?
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FAQ
Once a winning party has successfully obtained an arbitration award, if the unsuccessful party does not voluntarily comply with it, they will need to take steps to enforce it.
The MAA does not expressly provide for compelling or staying arbitration, but Mississippi courts apply caselaw interpreting the FAA to enforce arbitration agreements that the FAA does not govern (see University Nursing Assocs., 842 So.
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.
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. (Code Civ.
The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in ance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.
Generally this means filing a motion or petition with the court along with a notarized copy of the arbitration award and the arbitration agreement. You may also be required to include a memorandum of law and a proposed order. Serve the motion or petition on the party against from whom you want to collect the debt.
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.