Thursday, August 20, 2009
Don't Like Arbitration Award? Have District Court Confirm It First.
This is a pretty clever resolution to an arbitration problem that was just affirmed by the 11th Circuit.
Problem was some monies were not properly credited to one of the arbitrating parties because the issue was not discovered until after the arbitration award.
What to do?
According to the 11th Circuit, the procedure adopted by the district court was kosher -- move for a judgment confirming the arbitration award, then seek to have the judgment modified under Rule 60(b)(5).
It actually makes some sense, and I urge everyone to read the thoughtful opinion.
I told you we had some smart judges within the 11th Circuit!