Legal Question in Civil Litigation in Virginia

Arbitration Award and procedures

A collection attorney who is representing Chase Manhattan took me to the

National Arbitration Forum and got an ''Award'' in the favor of the creditor.

What can I do? Can I appeal this on grounds of not being fair due to the fact

that THEY hired the Arbitrators? Is it deemed fair?

Also, in the city of virginia beach, what is the procedure for this? meaning,

I'm assuming they have to file some kind of complaint with the

courts............how does this all play out and is this something that is going

to happen quickly?


Asked on 8/09/06, 8:42 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Arbitration Award and procedures

I have to ASSUME that the contract included arbitration. In other words, you AGREED in the contract to binding arbitratino. If not, then I don't know why they would have gone to arbitration.

However, the key issue is what you AGREED to in the contract. The court will be guided by that.

Yoju can challenge the arbitration award when they try to get it turned into a court judgment in court. But the grounds are very narrow. You would have to get a copy of the statute. There is a website. I don't think I can put a website address in here, on this system. Then you need to show one of those narrow grounds for challenging the award. However, I think that it will be very difficult to overturn an arbitratinon award.

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Answered on 8/10/06, 11:18 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Arbitration Award and procedures

Yes, the attorney for Chase will likely file papers with the local court to have the arbitration award adopted by the court and converted to a judgment against you---unless you pay up first and obviate the need for this procedure.

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Answered on 8/09/06, 8:49 pm


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