Did the Parties Contemplate Judicial Confirmation of Arbitration Awards?
Section 9 of the FAA provides, in relevant part, as follows: If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, . . . then at any time within one year after the award is made any party to the arbitration may apply to [a] court . . . for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. 9 U.S.C. § 9 (emphasis added). P & P argues that the parties did not agree, “in their agreement,” that “a judgment of the court shall be entered upon” arbitration awards made pursuant to their arbitration clause. We have previously held that a district court has no power to confirm an arbitration award under § 9 of the FAA unless the parties have agreed, explicitly or implicitly, that any eventual arbitration award shall be subject to judicial confirmation. See Oklahoma City Assocs., 9
Related Questions
- There are new procedures for the enforcement of unpaid arbitration awards and the payment of an attorneys fee for obtaining payment of such unpaid awards. When do these new procedures take effect?
- Should courts allow parties to agree to arbitrate unconscionability challenges to an arbitration agreement?
- Did the Parties Contemplate Judicial Confirmation of Arbitration Awards?
