New York 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

Any such order passed by the arbitral tribunal is enforceable under the CPC, in the same manner as an order of the court.

Whenever you ask a court to step into a dispute involving an arbitration, you have to file a type of suit called a special proceeding. The court will schedule a hearing on your request and, unless circumstances warrant a court's refusing to confirm the award, the court will issue a judgment confirming the award.

The award must be in writing and signed by all of the arbitrators assenting to the award (dissenting minority arbitrators need not sign unless the parties agree that they must); the award must contain reasons; the award must state the "seat" of the arbitration (the place where the arbitration took place); and.

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.

Confirmation of award. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511.

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.

To obtain a judgment based on an arbitration award, a party first must move to confirm the award. See N.Y. C.P.L.R. §§ 7502, 7510. The award is not enforceable unless and until the court confirms it and reduces it to a final judgment.

Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to ?confirm? the arbitration award. 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.

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New York Complaint to Enforce Arbitration Award