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.
Guam 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
If one party feels the decision is erroneous, there is very limited opportunity to correct it. There are many cases in which arbitration can become more expensive than court proceedings. Quality arbitrators can demand substantial fees that would not apply in court.
Generally Arbitration Agreements Are Enforceable Keating, the Supreme Court of the United States held that if the agreement involves any element of interstate commerce, the Federal Arbitration Act applies to both federal and state courts.
Challenges to an arbitration award: jurisdiction, irregularity, error of law.
Lack of Cross-Examination: The arbitration process generally includes documents and not witnesses, voiding the ability to cross-examine. Limited Discovery: In the event that arbitration is not filed until litigation has already begun, both parties lose the cost-saving advantage of limited discovery.
The main downside of arbitration is that even though the decision may be binding, the only way to enforce the decision is to go to court.
Although grounds for attacking an arbitration award in court are limited, efforts to enforce the award can be fiercely fought, thus necessitating legal costs that negate the perceived economic incentive to arbitrate the dispute in the first place.
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.
Article 35 reads as follows: General Rule In all matters not expressly provided for in these Rules, the Court and the Arbitral Tribunal shall act in the spirit of these Rules and shall make every effort to make sure that the Award is enforceable at law.