On an unopposed petition to confirm an arbitration award, a New York federal court treated the petition and accompanying record as a motion for summary judgment. “Thus, like unopposed summary judgment motions, unopposed confirmation petitions must fail where the undisputed facts fail to show that the moving party is entitled to judgment as a matter of law.”
As the parties’ were in diversity and the amount in controversy was met for jurisdiction, the Court, pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 9, reviewed the parties’ broad arbitration clause and, finding no grounds for vacatur or modification of the award, granted petitioner’s request.
McGroarty v. U.S. Rare Earths, Inc., 1:16-cv-02687 (USDC S.D.N.Y. Sept. 23, 2016)