How is an arbitration award enforced?
An arbitration award is the decision made by an arbitrator when hearing an arbitration dispute. In Delaware, an arbitration award is enforceable by the court in the same manner as a judgment handed down by a court of law. The party who breaches an arbitration award may be subject to sanctions, such as fines, or in the case of a party refusing to comply with an award, the other party may request the court to enforce the award with a writ of execution. If a writ of execution is granted, the court will assign a sheriff to seize any personal property of the breaching party in order to satisfy the award. In Delaware, the Delaware Supreme Court may make an order confirming an arbitration award, and once an award is confirmed, the court will enforce the award as if it were a judgement of the court. The Delaware Supreme Court will also vacate an award if, for example, the proceedings lacked due process, or the result was contrary to public policy. If one party to the arbitration fails to comply with an award, the other party may apply to the court for an order of enforcement. The court may also order the breaching party to pay court costs, legal fees, and other costs associated with the enforcement process. To conclude, in Delaware, an arbitration award may be enforced by the court in the same manner as a judgement handed down by a court of law, such as a writ of execution, or confirmation of an award by the Delaware Supreme Court. The court may also order the breaching party to pay court costs, legal fees, and other costs associated with the enforcement process.
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