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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.
OCAW, Local 8-74. Decisions indicate that a court may review an arbitrator's award if it appears that the arbitrator substituted his judgment for that of the parties, the award does not draw its essence from the contract, the award contains material error, and the award is against public law or policy.
A petition to vacate or correct an arbitration award must be served and filed with the Court no later than 100 days after a signed copy of the award is served on the petitioner. (Code Civ. Proc. § 1288.)
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.
An arbitrator's decision and award may resolve a case or serve as the basis for further negotiations to a settlement; and. arbitration awards, if accepted by all parties and confirmed by the court, are legally binding and enforceable.
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.
You can only appeal arbitration decisions if you allow as much in the contract, or if the contract is silent on the issue. If the parties decide in their contract that there will be no appeal on any issue, then there can be no appeal. The courts uphold these agreements.
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.
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.