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proceeding in State B without the need for the party who has | | received the subpoena first to go to a court in State B to | | receive an enforceable order. This procedure would eliminate | | duplicative court proceedings in both State A and State B before | | a witness or record or other evidence can be produced for the | | arbitration proceeding in State B. The court in State A would | | have the authority to determine whether and under what | | appropriate conditions the subpoena or discovery-related orders | | should be enforced against a resident in State A. Similar to the | | language in 17(b) and (c), the statute directs the court to | | enforce subpoenas and discovery-related orders to "make the | | arbitration proceeding fair, expeditious, and cost effective." | | The last sentence of 17(g) requires that the subpoena be served | | and enforced under the laws of a civil action in State A where | | the request to enforce the subpoena is being made. |
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| | | Because the procedure outlined in 17(g) is new, a party | | attempting to use this process in another State should | | reference Section 17(g) in the subpoena or discovery-related | | order so that the parties, persons served, and the court know | | of this authority. |
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| | | §8718.__Judicial enforcement of preaward ruling by arbitrator |
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| | | If an arbitrator makes a preaward ruling in favor of a party | | to the arbitration proceeding, the party may request the | | arbitrator to incorporate the ruling into an award under | | section 8719.__A prevailing party may make a motion to the | | court for an expedited order to confirm the award under | | section 8722, in which case the court shall summarily decide | | the motion.__The court shall issue an order to confirm the | | award unless the court vacates, modifies or corrects the award | | under section 8723 or 8724. |
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| | | 1. Section 18 is currently the law in almost all | | jurisdictions to enforce preaward arbitral determinations. | | Because the orders of arbitrators are not self-enforcing, a | | party who receives a favorable ruling with which another party | | refuses to comply, must apply to a court to have the ruling | | made an enforceable order. See, e.g., Southern Seas Navigation | | Ltd. of Monrovia v. Petroleos Mexicanos of Mexico City, 606 F. | | Supp. 692 (S.D.N.Y. 1985) (enforcing under FAA arbitrator's | | interim order removing lien on vessel); Island Creek Coal | | Sales Co. v. City of Gainesville, Fla., 729 F.2d 1046 (6th | | Cir. 1984) (enforcing under FAA arbitrator's interim award | | requiring city to | | continue performance of coal purchase contract until further | | order of arbitration panel); Fraulo v. Gabelli, 37 Conn. App. | | 708, 657 |
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