A petition to confirm an arbitration award in California is the topic of this blog post.
More and more agreements and contracts include an arbitration provision that usually requires that all disputes, or in some cases certain specified disputes, shall be sent to arbitration.
Arbitration is growing in popularity as its primary purpose is to provide a speedy and relatively inexpensive means of dispute resolution.
Advantages to filing a petition to confirm an arbitration award in California.
A petition to confirm an arbitration award in California will allow you to more easily collect or enforce the arbitration award against the other party. This is due to the fact that if an arbitration award has not been confirmed by a Court you will find it very difficult to collect on or otherwise enforce the arbitration award although there are some escrow companies in California that will accept a valid arbitration award and disburse funds according to the award of the arbitrator. A party to an arbitration in which an award has been made may petition the court to confirm the award. See Code of Civil Procedure § 1285.
The law in California states that any arbitration award that has been confirmed by a Court is considered the same as, and may be enforced in the same manner as, any other judgment entered by a California Court. See Code of Civil Procedure § 1287.4.
Deadline for filing a petition to confirm an arbitration award in California.
There is a deadline for filing a petition to confirm an arbitration award in California. A petition to confirm an arbitration award in California must be filed not later than four years after the date of service of a signed copy of the award on petitioner. See Code of Civil Procedure § 1288.
Code of Civil Procedure § 1286 states in pertinent part that, “If a petition or response under Code of Civil Procedure §§ 1285 through 1287.6 is duly served and filed after an award has been rendered, the court shall confirm the award as made, unless, in accordance with those statues, it corrects the award and confirms it as corrected, vacates the award, or dismisses the proceeding. “
The law is settled in California that every presumption is in favor of the validity of arbitration award. The party claiming invalidity of the arbitration award has the burden of supporting that claim with evidence. See United Brotherhood of Carpenters Etc., v. De Mello (1973) 22 Cal. App. 3d 838, 840; see also Walter v. National Indem. Co. (1970) 3 Cal. App. 3d 630, 633.
And the party against whom the arbitration award was entered is barred from filing any petition to vacate the arbitration award unless a petition is filed within 100 calendar days after service of a signed copy of the award on the petitioner. See Code of Civil Procedure § 1288; see also Weinberg v. SafeCo Ins. Co. of America (2004) 114 Cal. App. 4th 1075, 1083‑1084.
Best time to file a petition to confirm an arbitration award in California.
If you want to file a petition to confirm an arbitration award in California you should wait until at least 101 calendar days after service of a signed copy of the award on the petitioner before filing any petition to confirm an arbitration award to prevent the other party from attempting to vacate the arbitration award.
An experienced litigation attorney can evaluate your situation and file a petition to confirm an arbitration award as well as collect or enforce the judgment once the Court has confirmed the arbitration award. Contact attorney Nathan Mubasher for a consultation and evaluation of your case.
Schedule a consultation today with civil litigation attorney Nathan Mubasher.
Call (800) 691-2721 and let’s talk about your options.
CONTACT INFORMATION FOR NATHAN MUBASHER:
Law Offices of Nathan Mubasher
2621 Green River Rd, Ste 105 PMB 403
Corona, CA 92882
tel 1-800-691-2721 | fax 1-310-356-3660
www.mubasherlaw.com
DISCLAIMER:
Thank you for reading. I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Please note that all the materials and information on this blog are general analyses made available for the public’s general informational purposes only. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. Thus the transmission and receipt of information on this blog by anyone does not form or constitute an attorney-client relationship. My knowledge of laws is limited to California. Anyone receiving any information on this blog should not act upon the information provided without first obtaining the services of professional legal counsel licensed in their respective jurisdiction. Best of luck.
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