USA Trends and Developments Contributed by: John Desmond, Alexis Taitel and Alice Samberg, Dickinson Wright PLLC
are not as stringently enforced. But once an arbitrator has issued an award, the prevailing party is not auto- matically able to enforce it. Without the losing party’s voluntary compliance with the award, the prevailing party must present the award to a court for confir- mation and conversion into a judgment. Litigators should know the benefits and risks of arbitration so they can advise their clients accordingly. By a similar token, transactional attorneys should likewise under- stand the pros and cons of arbitration so that they can advise their clients of the implications of enter- ing into agreements containing mandatory arbitration clauses. Once an arbitration award is issued, all par- ties – regardless of whether they prevailed – should consult the applicable jurisdiction’s rules to determine the deadline by which the award may be confirmed or challenged.
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