Court Confirms Arbitration Award Over Objection of Moving Party
In an unusual twist in a matter unrelated to reinsurance, an arbitration panel awarded a party in a construction dispute approximately $1.4 million, when the Petitioner sought an award of approximately $6 million, and the Respondent’s expert had estimated the losses at approximately $4 million. The parties each filed separate proceedings directed to the award. When the Petitioner’s request for vacation of the award was denied, the Respondent sought to voluntarily dismiss its request for confirmation under Fed. R. Civ. Pro. 41, apparently due to its belief that since the limitation period for confirmation had expired, the award might be unenforceable, and it could try again for a larger award. The district court found the attempted dismissal null and void, and confirmed the award, holding that Rule 41 applied by its terms only to “actions,” and that since requests for confirmation of arbitration awards were motions rather than actions, Rule 41 did not apply. The court proceeded to confirm the award. Alstom Power, Inc. v. S & B Engineers & Constructors, Ltd., Case No. 04-2370 (USDC N.D.Tex. April 30, 2007). The court may have felt that Alstom Power was abusing the Court's process.
