COURT COMPELS ARBITRATION OF FEE DISPUTE ARISING FROM EARLIER ARBITRATION
A federal judge in Indiana referred the parties to arbitration of the latest piece of a long running employment dispute between Masco Corporation and Peter Prostyakov, its former Director of operations in Moscow, Russia. After an arbitration award on the principal claims, which was confirmed in federal court, and affirmed by the Seventh Circuit, a further dispute erupted pertaining to payment of fees and costs in connection with the arbitration and subsequent litigation. Masco filed a petition in court, seeking a ruling that the fee dispute had been subsumed in and decided in the prior arbitration, and that Prostyakov was unfairly seeking a “second bite” at the apple. The court disagreed, finding it improper to decide this and other issues raised by the parties, citing their original agreement to arbitrate, and the pending second arbitration initiated by Prostyakov relating to the fee dispute. Masco Corp. v. Prostyakov, No. 1:09-cv-0500 (USDC S.D. Ind. Feb. 5, 2010).
This post written by John Pitblado.
