How is an arbitration award enforced?
An arbitration award is the decision that is made by an arbitrator after a dispute has been heard and each side presents their case. In the state of Florida, the award must be in writing and include the arbitrator’s findings of fact and conclusions of law. The award must then be signed by the arbitrator and a copy provided to each party. Once the award is issued, it is considered a final and binding decision which can be enforced through the court system. When a party wants to enforce an arbitration award, they must file a petition for enforcement of the award with the clerk of the circuit court in the county where the arbitration was held. The petition must include a copy of the arbitration agreement, the award, and the proof of service of the award. The other party must be served the petition in accordance with the provisions of the Florida Rules of Civil Procedure. Once the petition is filed, a judge will review it and, if legally sufficient, issue a judgement enforcing the award. The judgement must include a sum certain, which is the amount of money that the losing party must pay to satisfy the arbitration award. The court will issue a writ of execution ordering the other party to pay the sum certain. If the losing party fails to pay the amount awarded, the court can take additional measures such as seizing property and garnishing wages.
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