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FAQ

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.

A typical reasoned award will contain five elements: (1) an opening, (2) a summary of issues, questions, claims and defenses, (3) a statement of facts, (4) a discussion, analysis and application of relevant facts and law if necessary, and (5) a disposition of the issues, questions, claims and defenses.

No, you can't sue your employer in court if you signed an arbitration agreement. If your employment contract includes an employment arbitration clause, then it means you agreed not to pursue any legal action against your employer in court.

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.

In any event, an award should: i) be in writing; ii) contain reasons for the decision, unless the parties have agreed otherwise or if it is a consent award; iii) state the date and the place of arbitration; and iv) be signed by all of the arbitrators or contain an explanation for any missing signature(s).

The arbitral award is enforceable in the same manner as a decree of a law court.There is no provision for appeal against an arbitral award and it is final and binding between the parties.

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.

Oregon Arbitration Award

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