What is the process of enforcing a securities arbitration award?

Enforcing a securities arbitration award in Kansas is a process that begins by filing a motion for confirmation of the arbitration award with the court. This is usually done after the arbitration panel has rendered a decision in the case. The motion for confirmation should include the arbitration award, the written agreement to arbitrate, and the arbitration rules and regulations. The motion will need to be filed with the appropriate court and a copy served to the opposing party. The opposing party then has thirty days to file an answer and/or an opposition to the motion for confirmation. In the opposition, the opposing party may argue that the award should not be enforced for a variety of reasons, such as breach of contract, lack of jurisdiction, or fraud. The court then reviews the motion for confirmation and the opposition materials, and may also hear from both parties in a hearing. After considering all of the evidence and arguments, the court will issue a judgment either confirming or denying the award. If the award is confirmed by the court, then the arbitrators’ decision is now legally binding and enforceable. The party who lost the arbitration is obligated to comply with the terms of the award. If the award is not complied with, then the parties can pursue further litigation in state or federal court in order to enforce the award.

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