Enforcing an Arbitration Award; Motion to Confirm

confirm award
Motion to confirm arbitration award

Once a party has prevailed in arbitration, they may wish to enforce the award.  The prevailing party must file a motion with the appropriate court (either federal or state court depending on the circumstances). The Federal Arbitration Act (“FAA”) (9 U.S.C. § 9) or the Nevada Uniform Arbitration Act (NRS 38.239) will determine the appropriate court where the motion to confirm should be filed.

The court must confirm an award unless it finds grounds to vacate, modify, or correct it.   9 U.S.C. § 9;  NRS 38.244.

Filing a Motion to Confirm in Federal Court

Since the FAA does not create independent federal subject matter jurisdiction, Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 25 n.32 (1983), the parties must otherwise satisfy jurisdictional requirements in order to file in federal court.  Sanchez v Borelli, 2016 WL 4318977, at *3 (D. Nev. Aug. 10, 2016).  If the federal court has jurisdiction, a motion to confirm must be filed within one year of the arbitrator’s award.  9 U.S.C. § 9.  The court will treat a petition filed by itself without an accompanying complaint as a motion to confirm an arbitration award.  9 U.S.C. § 6; D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006).

Filing a Motion to Confirm in Nevada Courts

Pursuant to NRS 38.244, Nevada courts have exclusive jurisdiction to enter judgment on an award arising from an arbitration agreement for an arbitration in Nevada.  Although a party has 90 days after delivery of an arbitrator’s award to seek to vacate, to modify, or to correct an award, there is no time limitation written in The Uniform Arbitration Act within which a party is required to file a motion to confirm an arbitrator’s award.

The motion may be filed in any county where the agreement specifies, where the arbitration took place, or where the adverse party resides or has a business.  NRS 38.246.  Alternatively, if the agreement does not specify a venue, the arbitration did not take place in Nevada, and no adverse party resides in or has a place of business in Nevada, the motion can be filed in any county.  Id.



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