Arbitration can only be enforced by filing a complaint, but filing award with Court Clerk tolls time limitation
Jaguar Trading sued Wilford John Presler and Douglas Cunningham to enforce an arbitration agreement. Cunningham argued, however, that because the plaintiff hadn't filed a civil lawsuit--with a complaint--within the one-year deadline for enforcing the award, the plaintiff's belated lawsuit should be dismissed (along with the arbitration award). The Court held that the arbitration award could not be enforced without filing a civil lawsuit, but that filing the award with the court clerk tolled the time period in which the suit could be filed. The decision represents an analysis of MCR 3.601(I) and the Michigan Arbitration Act.