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.
Complaint to Enforce Arbitration Award
Category:
State:
Multi-State
Control #:
US-A9000
Format:
Word;
Rich Text
Instant download
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FAQ
An award must be enforced by application/motion proceedings in the High Court (section 31, Arbitration Act). South African applications to enforce arbitration awards are brought before the motion court (Rule 6(5)(a) of the Uniform Rules of Court).
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.
The recognition and enforcement of arbitral awards in India is primarily governed by the Arbitration and Conciliation Act 1996 (ACA 1996) (as amended) as well as the Code of Civil Procedure 1908 (CPC). Domestic and foreign awards are enforced in the same manner as a decree of the Indian court.
Arbitration awards can be challenged in court, but these awards will only be overturned by the court in rare and limited cases. Courts will vacate, or refuse to confirm an arbitration award if the award is the product of fraud, corruption, or serious misconduct by the arbitrator.