MOTION TO CONFIRM ARBITRATION AWARD

COURT CAPTION

[UNITED STATES DISTRICT COURT / STATE COURT]
[DISTRICT/COUNTY] OF [STATE]

[PETITIONER NAME],
Petitioner,

v.

[RESPONDENT NAME],
Respondent.

Case No.: [CASE NUMBER]

Judge: [JUDGE NAME]

PETITION AND MOTION TO CONFIRM ARBITRATION AWARD

Petitioner [PETITIONER NAME] ("Petitioner"), by and through undersigned counsel, respectfully petitions this Court pursuant to Section 9 of the Federal Arbitration Act, 9 U.S.C. Section 9, [and/or [STATE] Code Section [___]], for an Order confirming the arbitration award (the "Award") issued on [DATE] by [ARBITRATOR NAME(S)] (the "Arbitrator") in favor of Petitioner and against Respondent [RESPONDENT NAME] ("Respondent"), and for entry of judgment thereon.

PART I: INTRODUCTION

1. On [DATE], the Arbitrator issued a final written Award in an arbitration between Petitioner and Respondent, AAA/JAMS Case No. [NUMBER].

2. The Award grants Petitioner [DESCRIBE RELIEF - e.g., $[AMOUNT] in damages, plus interest, costs, and attorneys' fees].

3. More than [NUMBER] days have elapsed since the Award was issued, and Respondent has not satisfied the Award.

4. Petitioner now seeks confirmation of the Award and entry of judgment so that Petitioner may pursue collection remedies.

PART II: PARTIES

2.1 Petitioner

5. Petitioner [PETITIONER NAME] is a [STATE] [ENTITY TYPE/INDIVIDUAL] with its principal place of business at [ADDRESS].

6. Petitioner was the [CLAIMANT/RESPONDENT] in the underlying arbitration.

2.2 Respondent

7. Respondent [RESPONDENT NAME] is a [STATE] [ENTITY TYPE/INDIVIDUAL] with its principal place of business at [ADDRESS].

8. Respondent was the [CLAIMANT/RESPONDENT] in the underlying arbitration.

PART III: JURISDICTION AND VENUE

3.1 Federal Jurisdiction

9. This Court has subject matter jurisdiction pursuant to:

☐ 9 U.S.C. Section 9 - The parties agreed in their arbitration agreement that judgment on the award may be entered in any court having jurisdiction.

☐ 28 U.S.C. Section 1332 - Diversity jurisdiction exists because the parties are citizens of different states and the amount in controversy exceeds $75,000.

☐ 28 U.S.C. Section 1331 - Federal question jurisdiction exists because [EXPLAIN FEDERAL QUESTION].

☐ Other: [SPECIFY]

3.2 State Jurisdiction (if applicable)

10. [If filed in state court] This Court has jurisdiction pursuant to [STATE ARBITRATION ACT CITATION] and/or the parties' agreement.

3.3 Venue

11. Venue is proper in this District/Court because:

☐ The arbitration agreement specifies this Court
☐ The Award was made within this District
☐ Respondent resides or does business in this District
☐ Other: [EXPLAIN]

3.4 Jurisdictional Note - Badgerow v. Walters

12. In Badgerow v. Walters, 596 U.S. 1 (2022), the Supreme Court held that federal courts cannot "look through" the arbitration petition to the underlying dispute to establish federal jurisdiction. Petitioner establishes independent federal jurisdiction as set forth in Paragraph 9 above. [OR: If no independent federal jurisdiction exists, this action is properly filed in state court.]

PART IV: FACTUAL BACKGROUND

4.1 The Arbitration Agreement

13. On or about [DATE], Petitioner and Respondent entered into [AGREEMENT NAME] (the "Agreement"), which contains an arbitration clause providing for binding arbitration of disputes.

14. The arbitration clause states, in relevant part:

"[QUOTE ARBITRATION CLAUSE]"

15. The Agreement further provides that judgment on the arbitration award may be entered in any court having jurisdiction.

16. A true and correct copy of the Agreement [or relevant excerpts] is attached hereto as Exhibit A.

4.2 The Underlying Dispute

17. A dispute arose between the parties concerning [BRIEF DESCRIPTION OF DISPUTE].

18. On [DATE], [PETITIONER/RESPONDENT] initiated arbitration by filing a Demand for Arbitration with [AAA/JAMS], Case No. [NUMBER].

19. The arbitration was conducted pursuant to [AAA COMMERCIAL/EMPLOYMENT/CONSUMER RULES / JAMS COMPREHENSIVE RULES].

4.3 The Arbitration Proceedings

20. [ARBITRATOR NAME] was appointed as the [sole] Arbitrator on [DATE].

21. The Arbitrator conducted a preliminary conference on [DATE] and established a scheduling order.

22. Discovery was conducted, and the parties exchanged documents and [DESCRIBE OTHER DISCOVERY].

23. An evidentiary hearing was held on [DATE(S)] at [LOCATION/VIRTUALLY].

24. Both parties appeared, were represented by counsel, and had a full and fair opportunity to present evidence and argument.

25. Post-hearing briefs were submitted on [DATE].

4.4 The Arbitration Award

26. On [DATE], the Arbitrator issued a final written Award.

27. The Award is attached hereto as Exhibit B.

28. The Award provides, in relevant part:

[QUOTE KEY PORTIONS OF AWARD]

29. The Award grants Petitioner the following relief:

30. The Award also provides for post-award interest at the rate of [RATE]% per annum.

PART V: LEGAL STANDARD

5.1 Federal Arbitration Act - 9 U.S.C. Section 9

31. Section 9 of the Federal Arbitration Act provides:

"If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title."

5.2 Limited Judicial Review

32. "Courts may vacate an arbitrator's decision 'only in very unusual circumstances.'" Oxford Health Plans LLC v. Sutter, 569 U.S. 564, 568 (2013).

33. The grounds for vacating an arbitration award are strictly limited to those enumerated in 9 U.S.C. Section 10:
    (a) Corruption, fraud, or undue means
    (b) Evident partiality or corruption of the arbitrator
    (c) Arbitrator misconduct
    (d) Arbitrator exceeding powers

34. "The court's function in confirming or vacating an arbitration award is severely limited." Wilko v. Swan, 346 U.S. 427, 436 (1953).

35. "Confirmation of an arbitration award is 'a summary proceeding that merely makes what is already a final arbitration award a judgment of the court.'" D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 110 (2d Cir. 2006).

5.3 Time Limitation

36. Under 9 U.S.C. Section 9, a motion to confirm must be filed within one year of the Award. The Award was issued on [DATE], and this Petition is timely filed within that one-year period.

PART VI: ARGUMENT

6.1 The Award Should Be Confirmed

37. Petitioner is entitled to confirmation of the Award because:

(a) Valid Arbitration Agreement: The parties entered into a valid, written arbitration agreement that provides for binding arbitration and entry of judgment on the award.

(b) Proper Proceedings: The arbitration was properly conducted under [AAA/JAMS] rules. Both parties had notice, appeared, were represented by counsel, and had a full opportunity to be heard.

(c) Final Award: The Arbitrator issued a final written Award that disposes of all claims.

(d) Timely Application: This Petition is filed within one year of the Award, as required by 9 U.S.C. Section 9.

(e) No Grounds for Vacatur: No grounds exist to vacate, modify, or correct the Award under 9 U.S.C. Sections 10 or 11.

6.2 No Grounds Exist to Vacate the Award

38. None of the grounds for vacatur under 9 U.S.C. Section 10 are present:

(a) No Fraud or Corruption (Section 10(a)(1)): There is no evidence that the Award was procured by corruption, fraud, or undue means.

(b) No Partiality (Section 10(a)(2)): The Arbitrator made all required disclosures and demonstrated no partiality. Both parties participated in the selection process.

(c) No Misconduct (Section 10(a)(3)): The Arbitrator conducted the proceedings fairly, allowed both parties to present evidence and witnesses, and did not refuse to hear material evidence.

(d) No Excess of Powers (Section 10(a)(4)): The Arbitrator acted within the scope of the arbitration agreement and rendered a final, definite award on the submitted issues.

6.3 Entry of Judgment

39. Upon confirmation, the Award becomes a judgment of this Court enforceable through all available collection remedies, including execution, garnishment, and contempt proceedings.

40. Petitioner requests that the Court enter judgment in the amount of the Award, plus post-award interest, and that the judgment bear interest at the legal rate until paid.

PART VII: PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

1. CONFIRM the Arbitration Award dated [DATE] in its entirety;

2. ENTER JUDGMENT in favor of Petitioner and against Respondent in the following amounts:

3. AWARD post-judgment interest at the statutory rate from the date of judgment until paid;

4. AWARD Petitioner its costs incurred in bringing this Petition, including reasonable attorneys' fees if authorized;

5. GRANT such other and further relief as this Court deems just and proper.

VERIFICATION

I, [NAME], declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge.

Executed on [DATE] at [CITY, STATE].

______________________________
[NAME]
[TITLE - if corporate representative]

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ADDRESS]
[PHONE]
[EMAIL]
[BAR NUMBER]

Attorneys for Petitioner [PETITIONER NAME]

Date: _______________

EXHIBITS

Exhibit A: Arbitration Agreement [or Agreement containing arbitration clause]

Exhibit B: Arbitration Award dated [DATE]

Exhibit C: [If applicable - AAA/JAMS Case Administration Documents]

Exhibit D: [If applicable - Other relevant documents]

PROPOSED ORDER

[COURT NAME]

Case No.: [NUMBER]

[PETITIONER NAME],
Petitioner,

v.

[RESPONDENT NAME],
Respondent.

ORDER CONFIRMING ARBITRATION AWARD AND ENTERING JUDGMENT

This matter having come before the Court on Petitioner's Motion to Confirm Arbitration Award, and the Court having reviewed the motion, exhibits, and [any opposition/response], and good cause appearing:

IT IS HEREBY ORDERED that:

1. The Arbitration Award dated [DATE], issued by [ARBITRATOR NAME] in [AAA/JAMS] Case No. [NUMBER], is CONFIRMED in its entirety.

2. JUDGMENT is hereby entered in favor of Petitioner [PETITIONER NAME] and against Respondent [RESPONDENT NAME] in the amount of $[AMOUNT], consisting of:
   - Principal Award: $[AMOUNT]
   - Pre-Award Interest: $[AMOUNT]
   - Post-Award Interest through [DATE]: $[AMOUNT]

3. Post-judgment interest shall accrue at the rate of [RATE]% per annum from the date of this Judgment until paid.

4. Petitioner shall recover costs in the amount of $[AMOUNT].

5. [Other provisions as appropriate]

IT IS SO ORDERED.

Dated: _______________

______________________________
Hon. [JUDGE NAME]
[COURT]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a true and correct copy of this Motion to Confirm Arbitration Award and all exhibits on:

[RESPONDENT/RESPONDENT'S COUNSEL]
[NAME]
[ADDRESS]
[EMAIL]

by:
☐ Electronic filing (CM/ECF)
☐ Email
☐ Certified mail, return receipt requested
☐ Overnight courier
☐ Personal service

______________________________
[ATTORNEY NAME]
Date: _______________

LEGAL REFERENCES

Federal Statutes:
- Federal Arbitration Act, 9 U.S.C. Section 9 (Confirmation of Award)
- Federal Arbitration Act, 9 U.S.C. Section 10 (Grounds for Vacatur)
- Federal Arbitration Act, 9 U.S.C. Section 11 (Grounds for Modification)
- 28 U.S.C. Section 1331 (Federal Question Jurisdiction)
- 28 U.S.C. Section 1332 (Diversity Jurisdiction)

Key Cases:
- Badgerow v. Walters, 596 U.S. 1 (2022) - Federal jurisdiction requirements
- Hall Street Associates v. Mattel, Inc., 552 U.S. 576 (2008) - Exclusive grounds for vacatur
- Oxford Health Plans LLC v. Sutter, 569 U.S. 564 (2013) - Limited judicial review
- Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 662 (2010) - Arbitrator authority

State Arbitration Acts:
- [Cite applicable state arbitration statute]
- Uniform Arbitration Act (if adopted in jurisdiction)