DISTRICT COURT REVIEW OF ARBITRATION AWARDS – One Common Mistake Judges Can Easily Fix (14-24)

PROBLEM – CONFIRM arbitration vs. VACATE AWARD: One problem the Court of Appeals sees on a regular basis involves the District Court review of Arbitration Awards. Typically one side moves to “vacate” the award and the other side files a separate motion to “confirm” the award. According to the Court of Appeals, in many cases where the court denies the motion to vacate, judges frequently neglect to rule on the motion to confirm the award (or in absence of a motion, fails to sua sponte confirm the award). An appeal can only be taken from a judgment that “confirms” the arbitration award. An order that denies a motion to vacate (but fails to “confirm” the award), leaves the case “hanging” and no appeal can be taken.

This one page  Update states the problem,  identifies the applicable statute, applies a solution in the form of a Judicial Best Practice and provides Court Administrators with advice on how to avoid the problem.







Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.