Are there any restrictions on the enforcement of an arbitral award?
In Oregon, there are certain restrictions on the enforcement of an arbitral award. Generally speaking, the award will only be enforced if it was issued in a fair and just manner. In some cases, Oregon courts may refuse to enforce an award that is based on an agreement that was not made in a fair and equitable manner, or if the award contains material errors or omissions. Furthermore, an award that is contrary to public policy or law may not be enforceable. When an award is challenged, the courts will typically review the award to ensure that the arbitrator acted fairly and that the award was consistent with the terms of the underlying arbitration agreement. If the award meets these criteria, the court will generally enforce the award. However, if the award does not meet these criteria, the court may decide not to enforce it. Further, an arbitral award may be challenged if the respondent to the arbitration had no knowledge of the proceeding or if the award was obtained through wrongful means. In addition, an arbitral award may not be enforced if the arbitrator exceeded his or her authority or if the award was rendered in an unlawful or unfair manner. In order to enforce an arbitral award, the aggrieved party must apply to the court where the award was made for enforcement. The court will then review the award and determine whether or not it should be enforced. If the court finds that the award should be enforced, the award will be entered as a judgment and can be enforced as if it were a court judgment.
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