Michigan 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

Section 18 of the Uniform Act provides that applications for enforcement of arbitration awards may be made to a court of the county in which the arbitration hearing was held. If the hearing is held in another state, the application is made to a court where the adverse party resides or has a place of business.

On achieving the finality, and in the absence of any stay on execution granted by the court under Section 36(3) of the Arbitration Act, the award- holder knocks the doors of the appropriate executing court for executing the award as if it was a decree of the court.

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.

TIME LIMITS To enforce an arbitral award under the CAA, a petition to confirm must be filed no earlier than ten days after, but not later than four years from, the date of service of a signed copy of the award on the petitioner (Cal. Civ. Proc. Code §§ 1288, 1288.4).

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.

The arbitrator's final decision on the case is called the ?award.? This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.

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.

On achieving the finality, and in the absence of any stay on execution granted by the court under Section 36(3) of the Arbitration Act, the award- holder knocks the doors of the appropriate executing court for executing the award as if it was a decree of the court.

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Michigan Complaint to Enforce Arbitration Award