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

Background

The petitioners asked the U.S. District Court for the Southern District of New York to confirm an arbitration award against IKNA Construction. They also requested post-judgment interest, attorneys’ fees, and costs from the federal confirmation proceeding. The opinion states that IKNA Construction did not participate in the arbitration despite notice of the hearing, did not satisfy the award, and did not appear or oppose the petition in federal court.

Court’s analysis

Because IKNA Construction did not respond, the court treated the petition as an unopposed motion for summary judgment rather than as a default judgment. The court explained that review of an arbitration award is narrowly limited and that an award should be confirmed if the arbitrator acted within the scope of the arbitrator’s authority. After reviewing the petition, supporting memorandum, and exhibits, the court found no dispute of material fact and concluded that the petitioners were entitled to judgment as a matter of law. It therefore confirmed the arbitration award.

The court also found the request for attorneys’ fees proper because IKNA Construction had not offered a justification for refusing to follow the arbitration decision. The petitioners requested $1,553.40 in attorneys’ fees and $748 in service costs. The court found the attorneys’ fees reasonable, but found the requested service costs unreasonably high compared with the amount ordinarily awarded in an unopposed arbitration-confirmation proceeding. The court awarded $200 in service costs. It also awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961, calculated from the date of judgment until the judgment is paid.

Ruling

Judge Victor Marrero ordered that the petition be GRANTED IN PART and DENIED IN PART. The court entered judgment against IKNA Construction LLC for $366,507.28, required the company to make its books and records available to the petitioners within 30 days for an audit required by the arbitration award, awarded $1,553.40 in attorneys’ fees and $200 in service costs, and awarded statutory post-judgment interest. The clerk was directed to dismiss all pending motions and close the case.