Case Number: 19PSCP00566 Hearing Date: June 04, 2020 Dept: O
Petitioner Creditors Adjustment Bureau’s petition to confirm arbitration award is DENIED without prejudice.
Any party to an arbitration award may petition the court to confirm, correct, or vacate an arbitration award. (CCP § 1285.) A response to the petition may request the court to dismiss the petition, confirm, correct or vacate the award. (CCP § 1285.2.) The petition must contain the following:
(1) The substance of or have attached a copy of the agreement to arbitrate;
(2) The names of the arbitrators; and
(3) A copy of the award and written opinion of the arbitrators, if any.
(CCP § 1285.4.)
If a petition is duly served and filed, the court shall confirm the award as made. (CCP § 1286.) If an award is confirmed, judgment shall be entered in conformity therewith. (CCP 1287.4.) A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. (CCP § 1288.)
Petitioner Creditors Adjustment Bureau (“Petitioner”) petitions to confirm an arbitration award of $454,832.64 and additional fees. It appears the award provides that Petitioner is entitled to payment for goods under the three contracts at issue during the arbitration. However, the “Arbitral Award” attached as an exhibit to the Petition appears to be a translation of the original award. As Respondent points out, the original copy of the award was not included with the petition. Furthermore, the document alleged to be the translation of the original award is not translated under California Rule of Court 3.1110 (requiring that exhibits in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter). Finally, the Court is concerned regarding the manner in which the arbitration took place and any confirmation of such an award will warrant a discussion of the process undertaken during the arbitration hearing. Thus, the Petition to confirm the arbitration award is DENIED.