Missouri 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

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.

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.

Without payment of full fees, the arbitration will be terminated. [3] The administrator will tell the party that, theoretically, at least, a prevailing party will recover any arbitration fees if they prevail in 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.

Under the Federal Act, a party seeking to enforce an arbitration award must do so within one year after the award is made. However, nothing prevents a successful party from seeking to enforce the award immediately upon its issuance.

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.

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.

The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds. When arbitration is non-binding, the arbitrator's award is advisory and can be final only if accepted by the parties.

More often, courts are asked to enforce an arbitration agreement with the filing of a motion to stay a lawsuit.

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Missouri Complaint to Enforce Arbitration Award