Arbitration Award

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights.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.

The proper method for seeking to enforce an arbitration award under the Federal Act is to file a motion for confirmation in the appropriate court. That court must grant the motion and enter judgment on the confirmation order unless the opposing party files a timely motion to vacate, modify, or correct the award.

Requests for confirmation of an arbitral award must be submitted by motion or petition (9 U.S.C. § 13). Together with the petition or motion, a party seeking confirmation under Chapter 1 of the FAA must file: 220e The arbitration agreement.

Where there is an appeal to the High Court against an award on the grounds of want of jurisdiction, under section 67 of the Arbitration Act 1996, section 67(4) states that there can be an appeal to the Court of Appeal against the judge's decision only if the judge himself gives permission to appeal.

The arbitrator will write the award and the AAA® will send that to the parties once it is ready. Depending on the rules and the parties' arbitration agreement, the date the award must be given to the parties may differ, but it is usually between 14 and 30 days from the close of hearings.

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.

The party desiring to have the award set aside must make an application to the court under which an award can be challenged on the grounds mentioned in section 34 of the Act. The Court can act only when such an application is made by a party. There is no special form prescribed to make the application.

There is no right to appeal in arbitration like there is in court. If the parties agree to use the AAA to handle the appeal, the AAA will treat the appeal like a new case filing and more fees would have to be paid. Under federal and state laws, there are only a few ways to challenge an arbitrator's award.

It is clear that enforcement of an Arbitral Award under the Arbitration and Conciliation Act, 1996 may be filed in any jurisdiction in the country, for execution, where such decree is capable of being executed and there is no requirement of obtaining a transfer of the decree from the court which has jurisdiction over