What is a petition for arbitration?

The petition must allege that there is a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy. The petitioning party must plead and prove that a prior demand for arbitration under the agreement was made and a refusal to arbitrate.

Is arbitration a special proceeding?

– Arbitration under a contract or submission shall be deemed a special proceeding, of which the court specified in the contract or submission, or if none be specified, the Court of First Instance for the province or city in which one of the parties resides or is doing business, or in which the arbitration was held.

How to confirm an arbitration award in California?

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.

How does a prevailing party obtain an enforceable judgment?

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.

Can a judgment be enforced by an arbitrator?

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.

How can Schorr law enforce 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.

Where to file a petition to confirm an arbitration 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.)

How is an arbitration award enforceable in California?

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.)