Enforcing of Arbitration Awards
Arbitration has become a popular process to reach am ultimate resolution of their affairs. It allows for the hiring of a private Arbitrator to help the parties decide issues relating to matrimonial property, support, and parenting. Often times an Arbitration can be more cost effective and expedite a final resolution of the matters between parties. Additionally, once a resolution has been reached, either through consent or through the Arbitration process, the Arbitrator will draft an “Arbitration Award” to reflect the terms of any resolution reached. This Arbitration Award serves as the foundational document upon which the parties can rely upon to spell out the terms of any resolution.
The question that often arises in family litigation is how can someone compel the other person to comply with the terms of an Arbitration Award?
Under the Arbitration Act of Alberta, at sections 49(3) and 49(4), the Court must grant an Order enforcing the Arbitration Award if certain conditions are met. Generally speaking, if an Arbitration Award has not been appealed or otherwise set aside in the time period allowed under the Arbitration Act, the Award will be made enforceable by the Court. This process essentially converts the Arbitration Award into a Court Order. Once it has been made into a Court Order, it is much easier to enforce. After having an Arbitration Award converted into a Court Order, you can utilize the powers of the Court and related authorities to ensure the terms of the Order are satisfied.
If you have any questions regarding your upcoming arbitration or require legal assistance, our team at Soby Boyden Lenz is available to provide our advice
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