Successful Arbtration - How do I enforce

aldeniro

Hi,
If someone had a case for arbitration and the award was made in the favour of the claimant successfully. Is the high court the only course for appeal on the part of the respondant? - I was researching and apparently their chances of success for appeal are limited as the initial arbitrators award should be "final" ( if no actual technical legal issues with the Arbitrator.)

(e.g. Page 7 here: http://www.dilloneustace.ie/download/1/A%20New%20Era%20for%20Arbitration%20in%20Ireland.pdf)

If the order stated that they must settle the issue forthwith, what kind of delay tactics could the respondant make? - I.E, how how long from the award issue date do they have to lodge an appeal.
How does one enforce an order if the respondant is not playing ball?

kkelliher

aldeniro wrote: »

Hi,
If someone had a case for arbitration and the award was made in the favour of the claimant successfully. Is the high court the only course for appeal on the part of the respondant? - I was researching and apparently their chances of success for appeal are limited as the initial arbitrators award should be "final" ( if no actual technical legal issues with the Arbitrator.)

(e.g. Page 7 here: http://www.dilloneustace.ie/download/1/A%20New%20Era%20for%20Arbitration%20in%20Ireland.pdf)

If the order stated that they must settle the issue forthwith, what kind of delay tactics could the respondant make? - I.E, how how long from the award issue date do they have to lodge an appeal.
How does one enforce an order if the respondant is not playing ball?

There is no appeal unless you can show a major misconduct on behalf of the arbitrator. You can have the award turned into an award of the courts and it can be enforced in the same way as a court award. There generally is little you can do if you loose in arbitration

aldeniro

Thats what I thought, and there was no misconduct on the part of the Arbirator. Do you know how long after the award do they have the right to appeal ? As in if they are trying to delay the action from the date of the award, ...how long can they do this before they "have to " follow the award decree

kkelliher

aldeniro wrote: »

Thats what I thought, and there was no misconduct on the part of the Arbirator. Do you know how long after the award do they have the right to appeal ? As in if they are trying to delay the action from the date of the award, ...how long can they do this before they "have to " follow the award decree

As long as it takes for the successful party to enforce just like any court order

aldeniro

Is enforcing seperate? I assumed it would be simply a case of arranging between the 2 solicitors involved? -If the respondant does not comply with the arbitration award...what is the next step

kkelliher

aldeniro wrote: »

Is enforcing seperate? I assumed it would be simply a case of arranging between the 2 solicitors involved? -If the respondant does not comply with the arbitration award...what is the next step

Then you go to court and get a court award which you hand to the sherrif

aldeniro

kkelliher wrote: »

Then you go to court and get a court award which you hand to the sherrif

Yeah looks like will need to enforce through circuit court alright. Some people have no sense!!