Key Steps to Enforcing an Arbitration Award

Arbitration is often seen as a faster and less expensive way to resolve disputes compared to court litigation. But what happens once you win? Winning an arbitration doesn’t always mean you immediately get paid or that the other party complies. In some cases, you may need to enforce the arbitration award in court to make it legally binding and collect what you’re owed.

In this blog post, we’ll walk you through how arbitration awards are enforced in Florida, the key legal requirements, and what to expect at each step.

Step 1: Understanding What an Arbitration Award Means

An arbitration award is the written decision issued by the arbitrator after hearing your case. It outlines:

• The decision on the dispute (who wins)
• Any damages or remedies granted
• The timeline for compliance

In Florida, an arbitration award has legal weight, but it does not automatically result in money in your bank account or assets in your hands. If the losing party doesn’t comply voluntarily, you’ll need to turn that award into a court judgment.

Step 2: Confirming the Arbitration Award in Court

If the other side refuses to comply, you must file a motion to confirm the award in a Florida court. This is essentially asking the court to recognize the arbitrator’s decision as a legally enforceable judgment.

• Deadline: Under the Florida Arbitration Code (Chapter 682, Florida Statutes), you typically have one year from the date of the award to seek confirmation.
• Process: Your attorney will file a petition with the court, attach the arbitration agreement, the award itself, and serve the opposing party.
• Outcome: Once confirmed, the arbitration award becomes a court judgment that can be enforced like any other judgment.

Step 3: Dealing With Possible Challenges to the Award

The other party may try to fight the award by filing a motion to vacate or motion to modify the award. Under Florida law, courts are very limited in when they can overturn an arbitration award. Reasons include:

• Evidence of fraud or corruption in the arbitration
• Arbitrator misconduct
• Arbitrator exceeding their powers under the agreement

Because courts give great deference to arbitrators’ decisions, these challenges rarely succeed unless there’s clear proof of wrongdoing.

Step 4: Enforcing the Judgment

Once the arbitration award is confirmed as a court judgment, you can use Florida’s collection tools to recover what you’re owed. These may include:

• Wage Garnishment: Taking a portion of the debtor’s paycheck
• Bank Account Garnishment: Freezing and collecting funds from accounts
• Property Liens: Placing a lien on real estate or other valuable assets
• Seizure of Assets: In some cases, having the sheriff levy property to satisfy the judgment

An experienced litigation attorney can help you identify the best enforcement methods based on the debtor’s assets.

Step 5: Considering Out-of-State or International Enforcement

If the party you won against is located outside Florida, or even outside the United States, you may need to domesticate the judgment in the other state or country.

• Out-of-state enforcement follows the Uniform Enforcement of Foreign Judgments Act (UEFJA).
• International enforcement depends on treaties or reciprocity agreements between countries.

This step can be more complex, but it’s critical for collecting from parties with no assets in Florida.

Why Having an Attorney Matters in Arbitration Award Enforcement

Even though arbitration is marketed as simpler than court, enforcing an arbitration award often requires the same legal skills and court procedures as a regular lawsuit.

A skilled attorney can:

• Ensure your award is confirmed on time
• Block improper challenges by the other side
• Use the most effective collection tools to recover your award

At Ayala Law, we regularly assist clients in turning arbitration wins into actual results, whether the dispute is in Florida, nationwide, or cross-border.

If you need help enforcing an arbitration award in Florida, contact one of our experienced business attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].