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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33494
Experience:  Retired (mostly)
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can an arbitration award in nyc from the aaa be enforced in

Resolved Question:

can an arbitration award in nyc from the aaa be enforced in any court with out the winning party going back to the court in New York and getting a judgement. and if they do go back to the courts do they have to do it with in one year (i believe that is by federal law)?, and if they don't get the judement is the award worthless after the year?
If you need more information you can call me at 1-XXX-XXX-XXXX I want a opinion with your expertise in arbitration name and address and firm you work for.
Submitted: 3 years ago.
Category: Legal
Expert:  socrateaser replied 3 years ago.
This website does not provide legal representation. We "justanswer" questions about the law. If you require a reliance opinon, you will have to hire a lawyer the old fashioned way.

Please let me know if you want me to answer your question, or if you would rather have a refund.
Customer: replied 3 years ago.
i want a real answer based on law that would even () the law. I do not hold you responsible since i would still get a second opinion from a lawyer but expect you opinion to be a real legal opinion by a lawyer with experiance in arbitration licensed in ny. to show that your opinion has values you could () the law number if you can't and are just guessing then yes give me back my money.
Customer: replied 3 years ago.
i then plan to hire a lawyer after i get your opinion but if the lawyer tells me you are wrong then you have caused me a monetary damage as i will have to pay for the time to talk to the next layer whom i want to give a written expert opinion
Customer: replied 3 years ago.
anyway what are you scared of its practically impossible to get a lawyer to sue a lawyer i've tried many times you guys are above the law.
Customer: replied 3 years ago.
please refund my money i don't like dealing with you this website misrepresents it self fro the gedko about serious issues. such as answers to legal questions
Expert:  socrateaser replied 3 years ago.
I'm not scared, and I never guess (unless there is no law on point).

What I am is incredibly ethical. I will not mislead or misrepresent. If I don't know an answer, I will say so. Period. Now then...

Whether or not federal law applies depends on the issue in dispute. Title 9 U.S.C. § 1 confers jurisdiction of the federal Arbitration Procedures Act to any maritime transaction or other contract in which parties are engaged in interstate commerce -- except for employment contracts. In such cases, where federal jurisdiction is conferred, then if the federal court is specified in the agreement, then the award may be entered for judgment in that court; if no court is specified, then the award must be entered for judgment to the United States court in and for the district within which the arbitration award was made -- which in your case would likely be the NY Southern Federal District Court. Title 9 U.S.C. § 9.

If federal jurisdiction is not conferred in the dispute, then the NY Arbitration Procedures Act would apply. Under NY Civil Practice Laws and Rules § 7502(i), to confirm an arbitration award, the proceeding must be brought, "in the county where at least one of the parties resides or is doing business or where the arbitration was held or is pending.
...."

Thus the answer to your first question is that if the award concerns interstate commerce, then you will have to return to NY Federal District Court, unless the arbitration agreement states differently. And if the case does not concern interestate commerce, or is an employment contract, then the question is irrelevant, because in order for interstate commerce to not be involved, you would have to reside in NY.

Concerning the one-year issue., yes, the award must be confirmed within one year from the date of the award. This limitation is also controlled by Title 9 U.S.C. § 9.

Hope this helps.
Customer: replied 3 years ago.

If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration. we made no agreement the arbitration clause was not clear bu the judge decided it is binding to send to arbitration. no mention of getting the award made into a judgment was made as as a matter of fact the decision about returning the house wasn't even a subject the judge sent to arbitration.

this was a trust that my mom set up and tried to cancell claiming coersion she lost in the arbitration but they rulled against me that i sold a house to my self and my sibling and said we need to put hte house back but allowed my other two siblings to decide to keep the sale my siblings didnt' decide to do so but a year latter notirized a letter saying they decided to keep the sale and want the money and are trying to get the decision enforced in anothe court combining it with another issue now still indispute with mymother. I beleive their decision should be worth less as the arbitration awared is woth less since theywould of had to take their decision to the court with in one year and then we could of countered the price of the hosue is woth now less in the year that they tied us up in litigation and the court told us not to sell the house. Please reply

Expert:  socrateaser replied 3 years ago.
Could you please slow down a little. You may have lived with your case for years, but I am brand new, and I can't follow your statement of facts.

Thanks.
Customer: replied 3 years ago.
i found on the web that is says the arbitration award has to be entered as a judgment "If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration." we made no such agreement so in absence of such an agreement does the award still be entered as a judgement iin a usa court. my sibling is trying to take this award from the us from 2 eyars ago and enter it in an israel court. now. i want to tell the israel court the award is worth less now since he would of had to enter it in the usa with in one year of the original decision. answer this then i can accept your answer.
Expert:  socrateaser replied 3 years ago.
An Israeli court has no jurisdiction over the probate assets of a decedent who was domiciled in the USA at death -- except to the extent that the decedent's estate is physically located in Israel.

Given an award in your favor from a U.S.-based court or arbitrator, an Israeli court would generally afford "comity" to the award and refuse to get involved in the decision. However, if the assets at issue are actually located in Israel (e.g., real estate), then all bets are off, because the Chief Justice of the Israel Supreme Court is on record as believing that Israel courts can reject even the law of Israel, if doing so is in the interest of justice. So, you cannot count on an Israeli court finding in your favor on assets located in Israel.

Conversely, if the assets are located in the USA, then no U.S.-court will defer to an Israeli court's entry of an arbitration award, which violates the statute of limitations of the federal Arbitration Procedures Act -- because to do so would be to relinquish the sovereignty of U.S. law to Israel.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33494
Experience: Retired (mostly)
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