So, There is an Award; Now What?

Failing to address details in timely manner could be costly

By Robert Bartkus

The tribunal in your arbitration has sent copies of an award to the attorneys for the parties. The parties may voluntarily comply, but (if they do not) as a general matter arbitration awards are not self-enforcing. Thus, the lawyers for the parties face a number of choices—some technical—that may affect their clients’ rights.

Those choices may depend on several factors, e.g., the stage of the arbitration; whether the arbitration was administered by an established arbitration forum (such as the American Arbitration Association, JAMS, or CPR), was conducted by an independent arbitrator (such as an experienced lawyer or retired judge) on a non-administered basis, was in connection with a labor contract (such as a collective bargaining agreement or state analog), or was part of a statutory or court administered system (such as fee arbitration or R. 1:40-1, et seq., CDR); the law applicable to the arbitration (e.g., NJRUAA or FAA);1 and the nature of the award. We address those factors in connection with domestic, contract-based arbitration in New Jersey.

This article originally appeared in New Jersey Lawyer, April 2020 and has been reprinted with permission from the New Jersey State Bar Association. Read the full article here.