Key Takeaways
- Florida business law protects companies from unfair competition, contract breaches, and partner disputes.
- Acting early saves time, money, and business relationships.
- An experienced business attorney helps you assess risk and choose the right legal strategy.
To confirm an arbitration award in Florida, you file a motion or petition asking a court to turn the arbitrator’s decision into a court judgment. Under the Florida Arbitration Code, the court must grant it unless the other side proves a ground to vacate, modify or correct the award. Until you have that judgment, you generally cannot garnish, levy or record a lien. This guide explains where to file, how to serve the other side, which deadlines matter and what happens next.
TL;DR
- Confirmation converts an award into a judgment that can be recorded, docketed and enforced like any other civil judgment.
- Under Fla. Stat. § 682.12, the court shall confirm unless the award is modified, corrected or vacated.
- The other side has 90 days to move to vacate in most cases, so calendar that date the day you receive the award.
- Under the Federal Arbitration Act, an application to confirm must be made within one year after the award when the parties’ agreement calls for a court judgment.
- Read your arbitration clause first: it decides the court, the rules and sometimes who pays fees.
Table of Contents
- What confirming an award actually does
- Which law applies: Florida or federal
- Step by step: confirming the award in a Florida court
- Deadlines that decide who wins the timing fight
- What the other side can argue
- After confirmation: judgment, fees and appeal
- Mistakes that cost business owners time
- Getting help confirming or defending an award
- FAQ
- Sources
What confirming an award actually does
An arbitrator’s award is a decision, not a judgment. If the losing party pays, you never need a court. If it does not, you need a court order that gives the award the force of law.
That is what confirmation does. Once the court confirms the award, it enters a judgment in line with it. That judgment may be recorded, docketed and enforced like any other civil judgment. In practice, this is the step that opens the door to the collection tools a Florida judgment creditor uses.
Confirmation is not a retrial. The court does not ask whether the arbitrator got the facts or the law right. It asks only whether the narrow statutory grounds for vacating, modifying or correcting the award exist. If they do not, confirmation follows.

Which law applies: Florida or federal
Two statutes can govern your arbitration, and many commercial agreements touch both.
- Florida Arbitration Code, Chapter 682. It applies to agreements to arbitrate in Florida and governs the motion to confirm, vacate, modify or correct.
- Federal Arbitration Act (FAA), 9 U.S.C. § 1 and following. It applies to arbitration agreements in contracts involving interstate commerce, and it has its own confirmation rule in section 9.
For most South Florida small-business disputes, the practical question is simpler: which court will you file in? Florida law says an agreement providing for arbitration in Florida confers exclusive jurisdiction on the court to enter judgment on the award under Chapter 682. So for an in-state arbitration, the Florida circuit court is the usual place to file.
The FAA works differently. If the agreement says a court judgment may be entered on the award and names the court, you apply to that court. If it names none, the application may be made to the U.S. court for the district where the award was made. Whether a federal court can actually hear a particular case depends on whether federal jurisdiction exists, such as diversity between the parties. That is a question to settle before you file, not after.
State court or federal court
| Question | Florida circuit court | Federal district court |
|---|---|---|
| Governing procedure | Chapter 682 and the Florida Rules of Civil Procedure | FAA sections 9 to 13 and the Federal Rules |
| Typical use | Arbitration seated in Florida, parties and dispute based in Florida | Cases with an independent basis for federal jurisdiction, or where the agreement names a federal court |
| Confirmation standard | Court shall confirm unless a ground to vacate, modify or correct is shown | Court must confirm unless the award is vacated, modified or corrected under FAA sections 10 and 11 |
| Time limit to apply | See the notes on timing below | One year after the award, where the agreement provides for a court judgment |
If you are unsure, the arbitration clause usually answers it. Look for a venue provision, a governing-law provision and the name of the administering body.
Step by step: confirming the award in a Florida court

1. Gather the award and the agreement
You will need the signed final award, any modified or corrected version, the arbitration agreement and proof of the date you received notice. That notice date starts the clock for the other side’s challenge, so keep the envelope, email or delivery record.
2. Confirm the award is final
A partial or interim award may not be ready for confirmation. Check that the arbitrator has resolved every claim submitted, including any fee or cost allocation the rules provide for. If the award leaves something open, ask the arbitrator or administering body how the rules handle it before you go to court.
3. File the motion or petition
Under section 682.12, after a party receives notice of an award, that party may move the court for an order confirming it. Your filing should identify the parties, attach the agreement and award, state that the award has not been vacated, modified or corrected, and ask for entry of judgment.
As for form, section 682.015 says a petition for judicial relief is made to the court and heard in the manner provided for motions.
4. Serve the other side correctly
Service is where many self-filed confirmations stall. Under the same section, unless a civil action involving the arbitration agreement is already pending, notice of an initial petition must be served as a summons in a civil action. If a case is already pending, notice is given the way motions are noticed in pending cases.
In other words, if you never filed a lawsuit, you are starting a new proceeding and must serve the other party formally, not just email a copy. The federal rule is similar in spirit: notice of the application must be served on the adverse party, and the court then has jurisdiction over that party as though he had appeared generally.
5. Attend the hearing, if one is set
If the other side does not respond, you can ask for the order and judgment on the papers as local practice allows. If they oppose, the court will hear their grounds, which are limited by statute.
6. Get the judgment and record it
After confirmation, the court enters judgment. You can then record and docket it and use Florida’s enforcement procedures. Our guide to enforcing arbitration awards in Florida walks through the collection stage in more detail.
Deadlines that decide who wins the timing fight
Four time limits matter. Put each on a calendar as soon as the award arrives.
- Motion to vacate (Florida). It must be filed within 90 days after notice of the award, or of a modified or corrected award. If the claim is corruption, fraud or other undue means, the 90 days run from when the ground was known or should have been known with reasonable care.
- Motion to modify or correct (Florida). Section 682.14 uses the same 90-day window after notice of the award or of a modified or corrected award.
- Application to confirm (FAA). Where the agreement provides for a court judgment on the award and names the court, any party may apply at any time within one year after the award is made.
- Notice of a motion to vacate, modify or correct (FAA). It must be served on the adverse party or the attorney within three months after the award is filed or delivered.
The practical lesson: do not wait out the 90 days and then file. If you are the winner, filing early forces the other side to raise any challenge in your proceeding. If you are the loser, a missed window usually ends the argument.
What the other side can argue
The grounds are narrow and listed in the statute. Under section 682.13(1), the court shall vacate an award where:
- it was procured by corruption, fraud or other undue means;
- a neutral arbitrator showed evident partiality, an arbitrator was corrupt, or an arbitrator’s misconduct prejudiced a party;
- an arbitrator, despite sufficient cause, refused to postpone the hearing, refused to hear material evidence, or otherwise violated the hearing provisions so as to substantially prejudice a party;
- the arbitrator exceeded his or her powers;
- there was no agreement to arbitrate, unless the person took part without objecting by the start of the hearing; or
- improper notice of the initiation of arbitration substantially prejudiced a party.
Modification or correction is even narrower. Under section 682.14, the court shall modify or correct an award where there is an evident miscalculation or mistake in describing a person, thing or property, where the arbitrators ruled on a matter not submitted and fixing it does not affect the merits, or where the award is imperfect in form without affecting the merits.
Notice what is missing: “the arbitrator got it wrong” is not on the list. A party who simply disagrees with the outcome has no statutory path to relitigate it.
Staying enforcement while a challenge is pending
In federal practice, a judge who could stay proceedings in an action in the same court may order a stay of the adverse party’s efforts to enforce the award, served with the notice of motion. If you are the winner, expect a loser to ask for this. If you are the loser, ask for it with your motion, not after collection starts.
After confirmation: judgment, fees and appeal
Once the court confirms, the judgment is yours to enforce. Three points matter for business owners.
Fees. On motion of a prevailing party in a contested proceeding, the court may add reasonable attorney fees and other reasonable litigation expenses incurred in the court proceeding after the award is made. That is the cost of fighting a challenge, which is separate from any fees the arbitrator awarded. Contract fee clauses can also matter; see our explainer on prevailing party fees for Florida business owners.
Appeal. An appeal may be taken from an order confirming or denying confirmation, from an order modifying or correcting an award, from an order vacating an award without directing a rehearing, and from a judgment entered under the chapter. The appeal proceeds the way it does in a civil action. Budget time for it: a contested confirmation can add months before you collect.
Collection. A judgment is only a right to collect. Locating bank accounts, receivables and assets is its own project, and it is easier when you start early.
Mistakes that cost business owners time
- Waiting for voluntary payment too long. A promise to pay is not a judgment. Set a short payment deadline, then file.
- Serving informally. Without a pending case, a new petition needs a summons. Defective service can undo weeks of work.
- Filing in the wrong court. Check the clause and the seat of arbitration before choosing state or federal court.
- Missing the 90-day window as the losing party. Challenges are time-barred if filed late, with the narrow fraud exception tied to when you knew or should have known.
- Ignoring the paper trail. Keep the notice date, the signed award and the agreement together. Judges want them attached.
Our perspective
In our practice, we see the same pattern: a business wins an award, feels the dispute is over, and then loses momentum because nobody owns the next step. Confirmation is a short, document-driven proceeding when it is handled promptly, and it is the point at which the award starts to have teeth.
We advise clients to think about confirmation before the arbitration even starts. The clause you signed years ago decides the venue, the rules and often how fees are handled. When we draft or review contracts, we look at that clause with the end of a dispute in mind, not just the beginning.
If you have just received an award, our advice is to read the clause, calendar the 90-day date, and decide within days whether to file. We have over 20 years of experience in court and in arbitration, and we bring that to confirming awards, defending against challenges and moving on to collection.
Matthew
Getting help confirming or defending an award
If you have an award in hand, or one coming, we can review the agreement, choose the right court, prepare and serve the petition, and handle any challenge. Our arbitration and mediation services cover the dispute from the demand through enforcement, and our business litigation team handles the court side when an opponent will not pay.

We serve small businesses, startups and entrepreneurs across South Florida. Fees are billed hourly or per matter depending on scope, and we will explain the structure when we discuss your case. To see how arbitration works from the start, read our overview of the arbitration process for Florida businesses. Start at fornarolegal.com to reach us.
FAQ
Do I have to confirm an arbitration award in Florida?
No, not if the other side pays voluntarily. You need confirmation when they do not, because a judgment is what lets you use Florida’s enforcement tools. Under section 682.12, a party may move for an order confirming the award after receiving notice of it.
Which court do I file in?
For an arbitration seated in Florida, the Florida circuit court is the usual forum, since Florida law gives the court exclusive jurisdiction to enter judgment under Chapter 682. A federal court is possible only when federal jurisdiction exists or the agreement names one. Your arbitration clause and the facts of the case settle it.
How long does the other side have to challenge the award?
In Florida, generally 90 days after notice of the award. Fraud-based challenges run 90 days from when the ground was or should have been known. Under the FAA, notice of a motion to vacate must be served within three months.
Can the court change the arbitrator’s decision?
Only in limited ways. The court can correct evident miscalculations or descriptive mistakes, strike matters not submitted, or fix errors of form under section 682.14. It does not re-decide the merits.
Can I recover my attorney fees for the confirmation proceeding?
Possibly. The court may add reasonable attorney fees and expenses on motion of a prevailing party in a contested proceeding. Your contract may also have a fee clause, which our article on recovering attorney fees in Florida explains.
Sources
- Fla. Stat. § 682.12, Confirmation of award
- Fla. Stat. Chapter 682, including § 682.181 and § 682.20
- Fla. Stat. § 682.015, Judicial relief
- Fla. Stat. § 682.13, Vacating an award
- Fla. Stat. § 682.14, Modification or correction of award
- Fla. Stat. § 682.15, Judgment on award; attorney fees
- 9 U.S.C. § 9, Award of arbitrators; confirmation
- 9 U.S.C. §§ 12 and 13, Notice of motions; papers filed with order



