Form 7E:10 Motion to Confirm Domestic Arbitration Award

{CAPTION - FORM 1B:1}

{PARTY}'S MEMORANDUM IN SUPPORT
OF MOTION TO CONFIRM DOMESTIC ARBITRATION AWARD

{Party} asks the court to confirm the domestic arbitration award in this case.

A. Introduction

1. Plaintiff is {name}; defendant is {name}.

2. Plaintiff sued defendant for {state basis of suit}.

3. The parties submitted the dispute to arbitration. On {date}, an arbitration hearing was held in {identify city and state}. On {date}, the {arbitrator/arbitration panel} issued an award in favor of {identify prevailing party} and granted {identify relief awarded}.

4. {Party} files this motion to confirm the domestic arbitration award.

B. Standard of Review

5. The court's review of the arbitration process is severely limited. United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29, 36-38, 108 S. Ct. 364, 370-71 (1987); Wonderland Greyhound Park, Inc. v. Autotote Sys., Inc., 274 F.3d 34, 35 (1st Cir. 2001). {Elaborate.}

C. Argument

6. On a timely filed motion to confirm a domestic arbitration award with the proper attachments, confirmation of the award is presumed unless there are grounds for modification or vacation. 9 U.S.C. §§9, 13; see Booth v. Hume Publ'g, Inc., 902 F.2d 925, 932 (11th Cir. 1990).

{CHOOSE APPROPRIATE PARAGRAPH 7}

7. A motion to confirm a domestic arbitration award must be filed within one year after the award is made. 9 U.S.C. §9. A motion to modify or vacate a domestic arbitration award must be made within three months after the award is filed or delivered. 9 U.S.C. §12; Florasynth, Inc. v. Pickholz, 750 F.2d 171, 174-75 (2d Cir. 1984). In this case, the award was issued on {date}, {party} filed this motion on {date}, and {adverse party} has not filed a motion to modify or vacate the award. Therefore, this motion was timely filed, and any future motions to modify or vacate the arbitration award would be untimely. RGA Reinsurance Co. v. Ulico Cas. Co., 355 F.3d 1136, 1139-40 (8th Cir. 2004); Taylor v. Nelson, 788 F.2d 220, 225 (4th Cir. 1986). {See O'Connor's Federal Rules, "Deadline to file," ch. 7-E, §4.1.1(2), p. 520.}

7. A motion to confirm a domestic arbitration award must be filed within one year after the award is made. 9 U.S.C. §9; Photopaint Techs., LLC v. Smartlens Corp., 335 F.3d 152, 158 (2d Cir. 2003). In this case, the award was issued on {date}, and {party} filed this motion on {date}. Therefore, this motion was timely filed. {See O'Connor's Federal Rules, "Deadline to file," ch. 7-E, §4.1.1(2), p. 520.}

7. A motion to confirm a domestic arbitration award may be filed within one year after the award is made. 9 U.S.C. §9. However, the one-year deadline is permissive. Sverdrup Corp. v. WHC Constructors, Inc., 989 F.2d 148, 156 (4th Cir. 1993); see 9 U.S.C. §9. (any party "may apply" for confirmation). In this case, the award was issued on {date}, and {party} filed this motion on {date}. Because the one-year deadline is permissive, this motion was timely. {See O'Connor's Federal Rules, "Deadline to file," ch. 7-E, §4.1.1(2), p. 520.}

{CHOOSE APPROPRIATE PARAGRAPH 8}

8. An arbitration award must be confirmed when the parties have provided in the arbitration agreement that a judgment will be entered on the arbitration award. 9 U.S.C. §9. In this case, the parties entered into an arbitration agreement on {date}. A copy of the arbitration agreement is attached. An award was issued on {date} and granted {identify relief awarded}. Although there is no specific paragraph providing that a judgment will be entered on the arbitration award, the agreement sufficiently confers authority on the court to confirm the award. P & P Indus. Inc. v. Sutter Corp., 179 F.3d 861, 867-68 (10th Cir. 1999); seeBooth v. Hume Publ'g, Inc., 902 F.2d 925, 929-30 (11th Cir. 1990). {Explain, e.g., the language of the agreement or the parties' participation in the arbitration is sufficient to give the court authority to confirm even if there is no explicit language on judicial enforcement.} {See O'Connor's Federal Rules, "Prerequisite to filing," ch. 7-E, §4.1.1(3), p. 520.}

9. There are no grounds for modifying or vacating the award in this case, and the {arbitrator/arbitration panel}'s decision and award are correct. See9 U.S.C. §9. {Elaborate.} {See O'Connor's Federal Rules, "Response," ch. 7-E, §4.1.2, p. 520.}

10. Because this motion, proposed order, and proper attachments have been filed and because there are no grounds for modifying or vacating the award, the court must confirm the arbitration award in this case. 9 U.S.C. §§9, 13. {Elaborate.} {See O'Connor's Federal Rules, "Ruling," ch. 7-E, §4.1.3, p. 521.}

D. Attachments

11. In support of this motion to confirm, {party} includes documents in the attached appendix, which is incorporated by reference. 9 U.S.C. §13. {Identify documents in appendix.} {Party} requests that the court include the attached documents with its order confirming the arbitration award. {See O'Connor's Federal Rules, "Attachments," ch. 7-E, §4.1.1(4), p. 520.}

E. Conclusion

12. {Briefly summarize the motion.} For these reasons, {party} asks the court to confirm the domestic arbitration award and enter judgment in accordance with the award.