C. Confirmation of the Award

• Jurisdiction: New York

C. Confirmation of the Award

An arbitration award cannot be enforced unless a judgment has been entered on the award. A prerequisite for entry of judgment is confirmation of the award by a court.¹⁴¹ Further, no appeal can be maintained until the award is confirmed.

The court will confirm an award upon a timely application, unless the award is vacated or modified under CPLR 7511.¹⁴² If neither party moves to vacate or modify the award, the prevailing party must move to have the award confirmed within one year after delivery of the award to that party. This one-year period is deemed to run from the date of delivery of the arbitrator's final determination.¹⁴³ CPLR 215(5) imposes a one-year limitation period on any action brought upon an arbitration award. This one-year statutory time limit has been held a strict bar to recovery.¹⁴⁴

If no application is made to modify or vacate the award within 90 days after receipt of the award, the aggrieved party may oppose confirmation of the award on the same grounds he or she could have raised in the application to modify or vacate.¹⁴⁵

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Notes:

^[141] CPLR 7514(a). However, CPLR 7510 permits, but does not require, that a party have the award confirmed. In the absence of confirmation the award is still binding on the parties. Kenneth Block & Jeffrey B. Steiner, Limitations Must Be Placed on the Power of Arbitrator, N.Y.L.J., Jan. 17, 2001, p. 5, col. 2. Motions to confirm an award rendered under the FAA, if made in state court, must comply...