How is an arbitration award enforced?
An arbitration award is enforced by a court order. The court order will recognize and enforce the award as long as the parties to the arbitration have been notified and provided a chance to be heard. In the state of Kansas, an arbitration award must be submitted to a court of appropriate jurisdiction for confirmation in order to be enforced. Confirmation of an award can be either voluntary or involuntary. Voluntary confirmation is when both parties to the arbitration agree that the award should be enforced. A Voluntary Confirmation can be done by filing an application to the court for an Order of Confirmation. This will require the filing of the arbitration award with the court along with the applicable filing fee. Involuntary confirmation is when one party to the arbitration requests that the court order the other party to comply with the terms of the arbitration award. This is done by filing a petition and motion to confirm the award with the court, along with the applicable filing fee. Once the award is confirmed, it must be enforced. This is done by obtaining an Order of Enforcement. This is done by filing a motion to enforce with the court, along with the applicable filing fee. This will require the court to order the party to comply with the terms of the award. If a party fails to comply with the Order of Enforcement, the party that was awarded the arbitration award can file a motion to attach the assets of the non-complying party or put a lien on property, in order to collect the judgement. If either party fails to comply with the arbitration award, the court may also impose civil and/or criminal penalties.
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