Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The petitioners filed a petition to confirm an arbitration award on April 24, 2025. The court set a schedule for additional supporting materials, Alunique Construction Corp.’s opposition, and the petitioners’ reply. The petitioners served the respondent with the petition, supporting materials, and briefing schedule.

The respondent’s opposition was initially due June 6, 2025. The court granted a courtesy extension until June 18 and warned that it would treat the petition as unopposed if the respondent did not respond. The respondent neither opposed the petition nor sought relief from the award.

Court’s Analysis

The court explained that an unopposed petition to confirm an arbitration award must still be reviewed on the merits. It treated the petition as similar to a motion for summary judgment, meaning a request for judgment without a trial based on the materials submitted by the moving party.

After reviewing the petition and supporting materials, the court found no genuine dispute over a material fact that would prevent judgment concerning any part of the award. It concluded that the arbitrator’s decision provided more than a “barely colorable justification” for its result. The court also found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or set aside, the award.

Fees, Costs, and Interest

The court awarded the petitioners their requested attorneys’ fees and costs. It found that the petitioners had shown that the hours worked, rates charged, and litigation costs were reasonable and necessary.

The court also awarded pre-judgment interest but reduced the requested rate from 10.5% to 9%. It explained that courts in the Second Circuit commonly use a 9% rate under New York law and that the petitioners provided no reason to use a different rate.

Disposition

Judge Jesse M. Furman granted the petition to confirm the arbitration award, with pre-judgment interest at 9%. The court directed the petitioners to file a proposed judgment electronically by June 27, 2025.