Trustees for the Mason Tenders District Council Welfare Fund v. Tricon…

Background

The Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, and Anna Gutsin, acting in her fiduciary capacity as Director, petitioned the court to confirm an arbitration award against Tricon Enterprises, Inc. The award was identified as the Opinion and Default Award dated July 4, 2023.

The petitioners commenced the federal action on July 1, 2024, and served Tricon on July 9, 2024. Tricon did not enter an appearance or contest the petition. The petitioners asked the court to treat their unopposed petition as an unopposed motion for summary judgment.

Legal standard

The court explained that review of an arbitration award under the Federal Arbitration Act is limited. An award generally should be confirmed when the arbitrator acted within the scope of the arbitrator’s authority, even if a court might disagree with the arbitrator’s reasoning. An unopposed petition to confirm an arbitration award is generally treated like a motion for summary judgment rather than as a default judgment.

Ruling

After reviewing the petition, memorandum of law, and supporting documents, the court found that the arbitrator acted within the scope of the arbitrator’s authority. The court also found that there was no dispute of material fact and that the petitioners were entitled to judgment as a matter of law. The court therefore confirmed the arbitration award.

The court separately ruled that post-judgment interest was warranted under 28 U.S.C. § 1961. The order entered judgment against Tricon in the amount of $324,511.84 and directed the clerk to award interest at the statutory rate from the date judgment was entered until the judgment is paid. The clerk was directed to dismiss all pending motions and close the case.