Legal Definitions - nul agard

Nul agard is a legal term derived from Law French, meaning "no award." It refers to a specific defense used in court when a party is attempting to enforce an arbitration award, and the defendant pleads that such an award does not exist.

Nul agard is a legal defense used in court proceedings. It arises when one party attempts to enforce an arbitration award—a decision made by a neutral third party to resolve a dispute outside of traditional litigation—and the other party responds by claiming that no such valid arbitration award actually exists or was ever properly issued.

Essentially, a party raising a "nul agard" defense is asserting that the foundational document for the claim—the arbitration award itself—is either non-existent, incomplete, or not legally valid, and therefore cannot be enforced by a court.

• Example 1: Business Contract Dispute

  Imagine two companies, TechSolutions Inc. and GlobalConnect Corp., had a dispute over a software development contract. Their contract included a clause requiring arbitration for any disagreements. TechSolutions later files a lawsuit seeking to compel GlobalConnect to pay damages, presenting what it claims is a final arbitration award in its favor. GlobalConnect, however, responds with a nul agard defense, arguing that while arbitration hearings took place, the arbitrator never actually issued a formal, signed, and binding award, or that the document presented by TechSolutions is not the legitimate final award.

  This illustrates nul agard because GlobalConnect is directly challenging the *existence* and *validity* of the arbitration award that TechSolutions is trying to enforce in court.

• Example 2: Construction Project Disagreement

  A homeowner and a construction company agreed to resolve a dispute over renovation delays through arbitration. Months later, the homeowner files a court action to enforce an alleged arbitration award that mandates the construction company pay a penalty for the delays. The construction company, in its defense, asserts nul agard, claiming that the arbitrator merely facilitated discussions and proposed potential solutions, but never formally rendered a definitive, enforceable award that was communicated to both parties as a final decision.

  Here, the construction company uses nul agard to argue that the homeowner's claim is baseless because the underlying arbitration award, which is necessary for enforcement, does not legally exist in the form presented.

• Example 3: Partnership Dissolution

  Following the contentious dissolution of a business partnership, one former partner initiates a court proceeding to enforce an arbitration award, asserting it dictates a specific division of assets and liabilities. The other former partner files a nul agard plea, contending that the arbitration process concluded without a final, written award being issued by the arbitrator, or that the document being presented as an award is merely a draft or an unfinalized proposal, not a binding decision.

  This scenario demonstrates nul agard as the defense directly disputes whether a legitimate and final arbitration award, capable of being enforced by the court, ever came into being.