North Carolina General Statutes 1-569.18. Judicial enforcement of preaward ruling by arbitrator
Terms Used In North Carolina General Statutes 1-569.18
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) 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 N.C. Gen. Stat. § 1-569.19 A prevailing party may make a motion to the court for an expedited order to confirm the award under N.C. Gen. Stat. § 1-569.22, 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 N.C. Gen. Stat. § 1-569.23 or N.C. Gen. Stat. § 1-569.24
(b) An arbitrator’s ruling under subsection (a) of this section that denies a request for a preaward ruling is not subject to trial court review. A party whose request under subsection (a) of this section for a preaward ruling has been denied by an arbitrator may seek relief under N.C. Gen. Stat. § 1-569.20 and N.C. Gen. Stat. § 1-569.21 from any final award the arbitrator renders.
(c) There is no right of appeal from trial court orders and judgments on preaward rulings by an arbitrator after a trial court award under this section, N.C. Gen. Stat. § 1-569.19, and N.C. Gen. Stat. § 1-569.28 (2003-345, s. 2.)