Legal Question in Business Law in California
I won an arbitration award in NY against a publisher for breach of contract. I executed the contract in CA and all duties were performed in CA. The arbitration agreement does not specify where an award is to be confirmed. Can I confirm it in CA? Fed. Court?
4 Answers from Attorneys
Excuse me? If your arbitration was in NY, that is the court controlling it. If and when ou get a judgment confirmed and recorded in NY, then you can get a Writ of Execution to to levy on any assets or income of defendant you find there. If you find assets or income in some other state, you can go through the process of obtaining judgment recognition in that state and get a Writ issued in that state. If you need such help in CA, feel free to contact me.
The judgment should be entered in New York, and you can seek to have the judgment recognized in California if you want to enforce it here. I would be pleased to assist with seeking recognition of the judgment in California - it is a simply and relatively inexpensive process.
Excuse me???? California Code of Civil Procedure section 1286 (concerning enforcement of civil arbitration awards) reads: "If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state..........."
It seems to me that confirmation in California would not only be legally permissible, it might be the most effective place if the publisher has significant operations and assets here.
As far as court control goes, there is no court control over an arbitration until a party seeks it; this usually consists of the prevailing party asking a court to confirm the arbitration award as a judgment. In California, the controlling statutes are Code of Civil Procedure sections 1285 to 1288.8. Note in particular CCP 1287.4 re entry of judgment on a confirmed arbitration award.
I agree with Mr. Whipple. You don't have to get a judgment in another state to confirm an arbitration award here. There are tricky rules, however, to when you can file a petition to confirm. (Sort of a statute of limitations.) I suggest getting some legal consultation as soon as possible.
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