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

Background

On March 13, 2020, the petitioners filed a petition asking the court to confirm an arbitration award. The court set a schedule for additional supporting materials, Skyeco’s opposition, and the petitioners’ reply. The petitioners served Skyeco with the petition, supporting materials, and briefing schedule. Skyeco’s opposition was due by April 13, 2020, but Skyeco neither responded nor sought relief from the award.

Court’s Analysis

The court explained that an unopposed petition to confirm an arbitration award must still be evaluated rather than granted automatically. It treated the petition as similar to a motion for summary judgment, meaning a request for judgment based on the submitted materials when there is no genuine dispute requiring a trial.

After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing judgment on all parts of the award. It also found that the arbitrator’s decision provided more than a “barely colorable justification” for its result. The court found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award.

Ruling

Judge Jesse M. Furman granted the petitioners’ unopposed petition to confirm the entire award. The court also awarded the petitioners their requested attorneys’ fees and costs, finding that they had shown the hours worked, rates charged, and litigation costs were reasonable and necessary. Finally, the court granted the petitioners’ request for prejudgment interest at a rate of 6.75% pursuant to the award.