Confirming and Enforcing An Arbitration Award

Recently, Schorr Law obtained an arbitration award in favor of its clients in connection with a residential real estate dispute. Today’s blog post is about what a prevailing party should do following issuance of an arbitration award so that the arbitration award can be enforced like a judgment.

Unlike a judgment obtained during court proceedings, an arbitrator’s award is not directly enforceable.  Until confirmed or vacated by court proceedings, an arbitration award has no more force or effect than a contract in writing between the parties to the arbitration.  (Code Civ. Proc. § 1287.6; Loeb v. Record (2008) 162 Cal.App.4th 431, 449.)  When the parties voluntarily comply with an award, there usually is no need for further judicial proceedings.  However, if the losing party refuses to comply with the award, in order to invoke ordinary judgment enforcement procedures, the prevailing party must bring a petition to confirm the award and enter judgment based thereon.  In addition, to assure parties cannot later bring claims that have already been litigated in the arbitration, it is prudent to confirm the award even if the parties voluntarily comply

The procedure by which the prevailing party obtains an enforceable judgment is a petition to confirm the award.  (Code Civ. Proc. § 1286.)  If a court action filed in connection with the arbitration is not already pending, a party can initiate new proceedings to confirm the arbitration award by filing a petition to confirm the award.  The petition to confirm must be filed in the superior court of the county where the arbitration was held, subject to certain exceptions.  (Code Civ. Proc. § 1292, 1292.2.)

Under California law, a petition to confirm an award must be served and filed at least 10 days, and no later than 4 years, after service of the award on the petitioner.  (Code Civ. Proc. §§ 1288, 1288.4.)  In other words, if you want to convert your arbitration award into a judgment, you must file your petition to confirm within 4 years after the date the award was served.  Accordingly, upon receipt of your arbitration award, it is important to determine and calendar the last day to file a petition to confirm the same to make sure you do not miss your deadline to do so.

Schorr Law has experience with arbitrations and the judicial proceedings involved post-arbitration.  We know each step of the process from initiating an arbitration complaint to obtaining an arbitration award.  By knowing each step we are able to efficiently guide our clients towards an enforceable award.  For more information on a free consultation, regarding arbitration or confirming and enforcing an arbitration award, please contact us at (310) 954-1877 or info@schorr-law.com.

By Stephanie Goldstein, esq.

Share Button
Tagged with: , ,
Posted in Arbitration, Judgment Collection, Litigation, Residential Real Estate, Wins

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

Contact Schorr Law

Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

Need Representation?

If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award