QUESTION
How to covert an award of arbitration into a judgment?
Asked on Jul 31st, 2014 on Breach of Contract - New York
More details to this question:
Hi, I was awarded in 2 arbitration in NY and NJ against two businesses in NC. Both for a breach of contract. The question is where do i convert it to a judgment? In the state where the arbitration took place? In the state where my business is, or where the 2 businesses are? Also, once converted, what would be my next step?
1 ANSWER
In NY, pursuant to CPLR 7502, a special proceeding to confirm an arbitration award must be brought, within one year of the award, before the New York Supreme Court in the County specified in the arbitration agreement or, if no county is specified in the agreement, in a county in which at least one of the parties resides or is doing business, or in the county in whcih the arbitration was held. I'm not sure about New Jersey, but I'm pretty sure that you would have to confirm the New Jersey award through a summary proceeding in a New Jersey court, and that, although there may be other acceptable venues, you would be able to do so in the Superior Court in the County in which the arbitration was held. After the awards are confirmed as judgments, you can domesticate them in NC, if necessary, to enable you to utilize collection procedures.
Answered on Aug 01st, 2014 at 8:53 AM