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If I win/won an arbitration award in California against someone who lives in New York and signed on for it. What Court or Courts should I file the paperwork in New York, California or both?
Optional Information: State/Country of Question: California
What do you mean by "signed on for it"? Does the contract that gave rise to the
arbitration specify that the parties consent to jurisdiction of either CA or NY? If not, then generally, speaking, if an arbitration award is to be reduced to a judgment in a court of law for the purpose of collecting it, the court having jurisdiction over the other person would be the Courts where he resides, i.e. New York. Hope this helps.
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This is a person injury claim so what I mean by "signed on for it" was he agreed to particpate in California where I reside as aposed to New York where he reside's? There were NO contracts since it was Person Injury.
If the act that caused your injury occured in CA, then the CA's "long arm statute" (CA Code of Civil Procedure 410.10) would call that sufficient minimum contact with the state to give CA courts personal jurisdiction over him. Usually that would result in a CA judgment for money damages in your favor which could be certified to NY courts for collection if the other party refuses to pay it. Therefore, I think that the act of entering into arbitration (presumable of damages) in CA would also give CA courts long arm jurisdiction. To be sure, consult a local lawyer. Again, I hope this helps.
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.