Kansas City, MO asked in Contracts and Arbitration / Mediation Law for Kansas

Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

1 Lawyer Answer
David H. Relkin
David H. Relkin
Answered
  • Arbitration & Mediation Lawyer
  • Manhasset, NY

A: I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes

Chapter 5 ARBITRATION AND AWARD

Article 4 UNIFORM ARBITRATION ACT

"5-209. Judgment and execution on award. Such court, at the next term thereof after filing the same as aforesaid, if no legal exceptions be made or taken to said award or other proceedings, and said award is for the payment of money, shall enter up judgment thereon as on a verdict of a jury between the parties, and issue execution thereon as in other cases, immediately after the amount specified in said award is due and payable.

"5-411 Confirmation of an award.

Universal Citation: KS Stat § 5-411 (2016)

5-411. Confirmation of an award. Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in K.S.A. 5-412 and 5-413."

History: L. 1973, ch. 24, § 11; July 1.]

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