Validation Information
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Posted by computerguy (204.180.131.3) on December 16, 2003 at 14:45:18:
Federal Courts have jurisdiction over the arbitration award. If no court was stated in the CC agreement then Federal Courts will have jurisdiction over the award if application is made to the US District Court in which the award was made (issued) by the arbitration firm. For NAC that would be US District Court for Florida, 11th Circuit. So how do we handle this problem of confirming an award where it was made? Easy, in your Demand for Arbitration sent to the CCC, simple state that the award shall be confirmed in the US District Court where you live. So, does the CCC have to bring an action against you in the county of your residence to confirm an award? No. Do you? No. Then if they, the CCCs, win an award against you through an arbitration firm not in you county of residence what effect does it have on you? None. If the CCCs want to confirm an award in court what do they have to do? File in a US District Court where the award was issued. Problem? not really. File against them with your own award issued from an independent arbitration firm. Or contact the arbitration firm and ask them to file for confirmation in US Courts for you. Now the CCCs must challenge the confirmation with one of the above challenges ONLY. No other challenges are allow under the Federal Arbitration Act.
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