Dana Point, CA asked in Arbitration / Mediation Law for California

Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond to the other parties Petition or may I file my own in Orange County CA?

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2 Lawyer Answers
David H. Relkin
David H. Relkin
  • Arbitration & Mediation Lawyer
  • Manhasset, NY

A: Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a Petition to vacate is denied, the Award must be confirmed. Confirmation and vacatur are the two binary options (excluding a Petition to modify or request a clarification ruling from the Arbitrators).

I would need more information about the present procedural position of the Proceeding to Confirm to give you a final answer on timing. You may have appeared in the proceeding to confirm and simply "opposed" the Petition to confirm. That is sufficient, but the best course (putting aside the reasons) is to move to vacate.

If you want my response to your procedural question, which is now highly significant, you should send me the question to my email.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Arbitration & Mediation Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, both parties involved in a contractual arbitration can petition to confirm, correct, or vacate an arbitration award. The specific procedures and grounds for seeking confirmation, correction, or vacation of an arbitration award may vary depending on the applicable laws and the terms of the arbitration agreement. It is advisable to consult with an attorney who specializes in arbitration or dispute resolution to understand the specific requirements and options available in your jurisdiction. They can provide guidance on how to proceed based on the details of your case.

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