A successful litigant in an arbitration proceeding may be faced with a recalcitrant respondent, unwilling to satisfy the award until it has been confirmed and judgment entered. This process may take months to complete as a motion to confirm winds its way through the court. In the interim, there is a danger that assets available to satisfy the award, once it has been confirmed and judgment entered, may be dissipated.
This article considers the remedies available to the successful arbitration litigant during the period between award and confirmation, and also suggests statutory changes to strengthen the procedure.
