Third-party Challenge to an Enforcement Action
Third-party Challenge to an Enforcement Action
After a winning party applies for enforcement of an arbitration award, the court that receives the application shall make an order to enforce the award, suspend the enforcement action, or vacate the award, as the case may be.
If an order to enforce the award is made and an enforcement action is taken, a third party that has an interest in the property to be enforced may file a written challenge to the enforcement action before the enforcement action is completed.
The enforcement court shall review the challenge within fifteen (15) days of receipt. If the enforcement court holds that the challenge tenable, it shall make an order to suspend the enforcement action and communicate the challenge to the arbitration commission. If it holds that the challenge is untenable, it shall dismiss the challenge and continue the enforcement action.
If the challenging party, the winning party, or the losing party has an objection to any of the above orders, the procedure for trial supervision shall be initiated if they claim that the award applied to be enforced or the order for enforcement or suspension is erroneous, or they may bring an action with a competent court within fifteen (15) days of receipt of the order if their objection has nothing to do with the award or the order.