A collection of the most recent U.S. international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.
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Sgromo v. Scott, No. 22-15199 (9th Cir. July 24, 2023)04/06/2023
Court of appeals affirmed district court’s judgment confirming the arbitration award pursuant to the FAA. Court of appeals held that the district court properly determined that the motion to vacate was time-barred under 9 USC § 12. Because the award was not vacated, modified, or corrected, court of appeals held that the district court properly granted the motion to confirm the arbitration award.
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Jiangsu Beier Decoration Materials Co., Ltd. v. Angle World LLC, No. 21-CV-02845-AB (E.D. Pa. July 18, 202304/05/2023
Court denied petition to confirm the CIETAC arbitral award and dismissed the case, finding arbitration agreement was unsigned between the parties and that petitioner had not established an “exchange of letters” had occurred agreeing to an arbitration clause, a prerequisite for enforcement under the New York Convention.
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Zhongzhi Hi-Tech Overseas Investment Ltd. v. Wenyong Shi, No. 22-CV-06977-LAP (S.D.N.Y. July 17, 202303/31/2023
Court granted defendant’s motion to dismiss petition to confirm and enforce foreign arbitral award and for entry of judgment, finding petitioner failed to make a prima facie case for personal jurisdiction over respondent and that it would be futile to permit petitioner to amend his petition.
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Zaklady Farmaceutycyne Polpharma, S.A. v. Kartha Pharmaceuticals, Inc., No. 3:21-CV-00133-MOC-DCK (W.D.N.C. July 14, 2023)03/31/2023
Court granted motion to enforce arbitration award pursuant to the New York Convention where none of the grounds for refusing to confirm the award applied to the case. Court also dismissed the case with prejudice, since plaintiff had no claims pending before the court other than its request for a preliminary injunction, which became moot with the award.
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Baker Hughes Services International, LLC v. Joshi Technologies International, Inc., No. 21-5072 (10th Cir. July 13, 2023)03/31/2023
Court of appeals affirmed in part order enforcing a foreign arbitral award in favor of plaintiff pursuant to the New York Convention. Court of appeals rejected defendant’s arguments that the district court lacked subject matter jurisdiction, the parties never agreed to arbitrate their dispute, and the district court improperly awarded the attorney’s fees. Court of appeals vacated and remanded for reconsideration district’s court award of prejudgment interest.
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Olin Holdings Limited v. State of Libya, No. 22-825 (2d Cir. July 12, 2023)03/31/2023
Court of appeals affirmed order granting petition to confirm ICC arbitration award pursuant to the New York Convention. Court of appeals found that Libya was not entitled to de novo review of the arbitrability of petitioner’s claim before confirmation of the award because it clearly and unmistakably agreed to submit questions of arbitrability to the arbitrators by signing a treaty providing for the option of resolving disputes under the ICC rules.
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Norkunas v. PayPal, Inc., No. 1:22-CV-05695-KMW-EAP (D.N.J. July 12, 2023)07/12/2023
Court granted defendant’s motion to compel arbitration pursuant to the FAA. Court found that the parties’ arbitration agreement was a valid and enforceable clickwrap agreement and that plaintiff’s claims fell squarely within the scope of the arbitration agreement. Court stayed the case pending arbitration.
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Amadeaus IT Group, S.A. v. Ebix, Inc., No. 1:22-CV-04109-SEG (N.D. Ga. July 10, 2023)07/10/2023
Court entered judgment on a petition to confirm arbitral award, finding the awarded interest did not apply to the costs and fees portion of the award. Court applied interest to the principal damages component of the award and calculated the total amount in US dollars using the European Central Bank’s rate, because it was the rate adopted by the tribunal in the award.
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Prodigy Finance CM2021-1 DAC v. Sohi, No. 5:23-CV-00840-JGB-SP (C.D. Cal. July 7, 2023)07/07/2023
Court granted petition to confirm a foreign arbitral award pursuant to the New York Convention. Court found that none of the grounds for refusal or deferral of recognition of the award existed.
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Bayron-Paz v. Wells Fargo Bank, N.A. and B&Z Auto Enterprises, LLC d/b/a DBA Eastchester, No. 1:22-CV-06122-DLC (S.D.N.Y. July 7, 2023)07/07/2023
Court granted petitioners’ motion to compel arbitration pursuant to the FAA, finding that the contract between the parties contained an agreement to arbitrate. Court rejected the argument that a valid arbitration agreement did not exist because respondent was prevented from reading the contract before signing it. Court also rejected respondent’s argument that petitioners had waived their right to compel arbitration. Court stayed the case pending arbitration.
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Endurance Specialty Insurance Limited v. Horseshoe Re Limited, No. 23-CV-01831-JGK (S.D.N.Y. July 5, 2023)07/05/2023
Court denied motion to remand petition to remove presiding arbitrator for bias, finding that it had federal subject matter jurisdiction over the action pursuant to § 203 of the FAA. Court granted respondent’s motion to dismiss the petition for failure to state a claim, finding that the court was without authority to remove a sitting arbitrator in an arbitration proceeding under Bermuda procedural law, and in any event, the petition failed on the merits.
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6101 Tullis Drive, LLC v. Interstate Fire & Casualty Insurance Company, No. 23-CV-01314-SM-DPC (E.D. La. June 30, 2023)06/30/2023
Court granted motion to reconsider order denying motion to compel arbitration and underlying motion, finding that (i) the New York Convention’s requirement to arbitrate superseded local rule requirement that the parties participate in the court’s settlement program and that (ii) the four criteria in the New York Convention requiring the court to enforce the arbitration clause in the parties’ contract were met. Court also stayed the matter pending arbitration.
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Preble-Rish Haiti, S.A. v. Republic of Haiti, Bureau de Monétisation des Programmes d’Aide au Développement, No. 1:22-CV-07503-PKC (S.D.N.Y. June 29, 2023)06/29/2023
Court confirmed petitioner’s foreign arbitral award against respondents under the New York Convention and denied respondents’ cross-motion to dismiss or vacate the award. Court had subject-matter jurisdiction over the Bureau under 28 USC §§ 1605(a)(1), (a)(6) and determined Haiti was not entitled to FSIA immunity. Court had personal jurisdiction over respondents under FSIA’s service rules.
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MSK Covertech, Inc. v. Fevisa Industrial, S.A. de C.V., No. 3:23-CV-00741-DMS-MSB (S.D. Cal. June 26, 2023)06/26/2023
Court partially granted plaintiff’s request for a letter rogatory seeking international assistance to serve Mexican defendant with notice of an application for confirmation of arbitration award. Court found a letter rogatory appropriate under Fed. R. Civ. P. 4(f)(1) and the Hague Service Convention but ordered plaintiff to amend the proposed letter prior to issuance.
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Citigroup Inc. v. Sayeg, No. 1:21-CV-10413-JPC (S.D.N.Y. June 26, 2023)06/26/2023
Court confirmed petitioner’s unopposed motion to confirm a final arbitration award. Court considered the Panama Convention’s grounds for recognition refusal, as petitioner is a US corporation and respondent is a Mexican citizen, finding none of the refusal grounds applied. Court also found no grounds for vacatur under § 10(a) of the FAA.
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Trithorn Bulk A/S v. Duron Capital LLC, No. 1:22-CV-09628-JPC (S.D.N.Y. June 23, 2023)06/23/2023
Court confirmed unopposed arbitration award, finding the parties’ contract satisfied New York Convention’s jurisdictional requirements and no genuine issue of material fact precluded confirmation. Court also considered potential defenses and grounds for vacatur, finding nothing in the record precluded confirmation of the arbitral award.
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Amadeaus IT Group, S.A. v. Ebix, Inc., No. 1:22-CV-04109-SEG (N.D. Ga. June 22, 2023)03/20/2023
Court granted petition to confirm arbitration award under the New York Convention, finding that the underlying arbitral award did not exceed the scope of the arbitration agreement by awarding costs and fees to petitioner. Court declined to grant attorneys fees in connection with the petition to confirm the award and directed petitioner to submit further briefing to clarify whether the interest it was awarded applied to the costs and fees portion of the arbitration award.
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Yegiazaryan v. Smagin, No. 22-381 (S. Ct. June 22, 2023)06/22/2023
The Supreme Court found that foreign defendant’s alleged injury—his inability to collect judgment on his arbitration award—was sufficient to establish a domestic injury as required for private civil RICO suits. Supreme Court held that “a plaintiff has alleged a domestic injury for purposes of [RICO] when the circumstances surrounding the injury indicate it arose in the United States,” and that defendant’s allegation “that he was injured in California because his ability to enforce a California judgment in California against a California resident was impaired by racketeering activity that largely occurred in or was directed from and targeted at California” was sufficient to state a domestic injury.
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Jones v. AT&T Mobility Services, LLC, No. 1:21-CV-04600 (N.D. Ill. June 22, 2023)06/22/2023
Court granted defendant’s motion to compel arbitration and stayed the case pending arbitration. Court rejected plaintiff’s contention that the agreement to arbitrate was not valid because plaintiff did not know what she was agreeing to when she electronically signed the arbitration agreement.
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Pereira v. Nucor Corporation, No. 3:23-MC-00024-FDW-SCR (W.D.N.C. June 22, 2023)06/22/2023
Court denied petitioner’s 28 USC § 1782 discovery application, finding that, pursuant to the parties’ binding arbitration, the evidence requested would be used in a private foreign arbitration, not a before a “foreign tribunal” as required by § 1782. Court also considered discretionary factors in denying petitioner’s application, including that the party from whom discovery was being sought is a party to the proceeding and petitioner was attempting to collect pretrial discovery that would be barred under Brazilian law.
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OnPointe Community Care LV LLC v. Charter Health Holdings, Inc., No. 2:22-CV-01235-GMN-DJA (D. Nev. June 20, 2023)06/20/2023
Court deferred ruling on defendant’s motion to enforce review and dispute procedure, finding that it would be premature to decide plaintiff’s condition precedent argument because defendant seemingly agreed to resolve the issue by completing the necessary conditions precedent to utilize the contracted arbitration provision.
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Park West Galleries, Inc., v. ALP, Inc., No. 2:20-CV-11603-DPH-PSW (E.D. Mich. June 15, 2023)06/15/2023
Court granted defendant’s motion to confirm arbitration award pursuant to the FAA finding the arbitrator did not engage in misconduct in his review and interpretation the parties’ settlement agreement and court was prohibited from reviewing the merits of the award.
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Andes Petroleum Ecuador Ltd. v. Occidental Exploration and Production Company, No. 21-3039 (2d Cir. June 15, 2023)06/15/2023
Court of appeals affirmed the district court’s confirmation of an arbitral award, holding that the alleged undisclosed partiality of one of the arbitrators was not supported by the evidence and therefore, did not violate the FAA. Court of appeals also applied the New York Convention in determining that there was no evidence the arbitrator’s alleged partiality “interfered with the ‘composition’ of the arbitral authority.” Court of appeals vacated the district court’s calculation of pre-judgment interest and remanded for the court to adequately explain its calculation.
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United States v. PetroSaudi Oil Services (Venezuela) Ltd., No. 21-56228 (9th Cir. June 13, 2023)06/13/2023
Court of appeals affirmed the district court’s order authorizing the seizure of any money released from an arbitration award fund held in an account controlled by a UK court on the grounds that it derived from illegal proceeds. Court rejected defendant’s arguments that the FSIA and prior exclusive jurisdiction doctrine precluded the district court from exercising jurisdiction over the arbitration award fund. Court of appeals further found that the district court had in rem jurisdiction over the fund and could issue a protective order requiring defendant to deposit funds from the arbitration award fund with the court.
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Wanahao North America, LLC v. Zhejiang Weibin San Wei Technology Co. Ltd., No. 5:23-CV-00509-F (W.D. Okla. June 12, 2023)03/08/2023
Court directed plaintiff to submit an amended petition to confirm an arbitration award under the New York Convention articulating sufficient allegations to rely on diversity jurisdiction by identifying each of its members, the state of citizenship of those members, and location of defendant’s principal place of business.
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Industrial Access Inc. v. Praetorian Holdings Group LLC, No. 1:22-CV-00626-JLS-MJR (W.D.N.Y. June 6, 2023)03/06/2023
Court denied defendant’s motion to compel arbitration pursuant to the FAA in a breach of contract action, finding that the parties did not have an enforceable and mandatory agreement to arbitrate. Court agreed with plaintiff that it was the court and not the arbitrator who must make the threshold determination of arbitrability. Court granted plaintiff’s cross-motion for a preliminary injunction to prevent arbitration from proceeding.
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Antoine’s Restaurant, LLC v. Certain Underwriters at Lloyd’s, London, No. 2:23-CV-00229-WBV-KWR (E.D. La. June 1, 2023)06/01/2023
Court denied a motion for reconsideration of order and reasons and, in the alternative, a motion to stay arbitration pending judgment by the Fifth Circuit of related decisions, filed after the same court granted defendants’ motion to compel arbitration pursuant to the New York Convention. Court found plaintiffs’ argument that there was split authority in the district on enforcement of arbitration provisions in insurance contracts unpersuasive.
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Spinx Games, Ltd. v. Viel, No. 3:23-CV-01337-WHO (N.D. Cal. May 31, 2023)05/31/2023
Court denied cross-motions to compel arbitration where both defendants agreed to the arbitrability of the dispute, but could not agree on location. Defendant wished for combined arbitration in San Francisco, which was identified in the agreement’s venue provision, but the claims were filed with the AAA in five different states, and neither party inquired of AAA whether virtual hearings were possible. Court found that, as the claims had been filed with AAA in other states, it had no jurisdiction and defendant would need to go to the arbitrators or district court in each of those states to enforce the venue provisions in the agreement.
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Elk Energy Holdings, LLC v. Lippelmann Partners, LLC, No. 6:22-CV-01057-DDC-KGG (D. Kan. May 31, 2023)05/31/2023
Court granted in part defendants’ joint motion to dismiss based on an existing agreement’s arbitration clause, finding that, even in the face of fraudulent inducement claims, the enforceability of the contract was a question for the arbitrator.
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Ainstein AI, Inc. v. ADAC Plastics, Inc., No. 2:23-CV-11273-SMJ-KGA (D. Kan. May 31, 2023)05/31/2023
Court granted defendant’s motion to transfer venue based on an arbitration agreement, finding that a carveout for certain equitable relief and references to waiver of jury trial in the parties’ agreement did not undermine the fundamental agreement to arbitrate. Because the Tenth Circuit holds that only district courts in the forum identified in the parties’ agreement have authority to compel arbitration, the court transferred the case to the district identified in the agreement.
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In re Application of Caterpillar Crédito, Sociedad Anónima de Capital Variable, No. 1:22-MC-00273-JGK-BCM (S.D.N.Y. May 24, 2023)05/24/2023
Magistrate judge recommended that application to serve a subpoena pursuant to 28 U.S.C. § 1782 seeking records for use in a proceeding pending before the Court of First Instance of Curaçao be granted in part. The magistrate found that it need not determine whether the records would establish the proof necessary under foreign law, but only needed to determine whether the applicant demonstrated that the sought-after materials could be made use of in the foreign proceeding to increase its chances of success. The magistrate held that applicant had established the required de minimis showing of relevance.
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Mousebelt Labs Pte. Ltd. v. Armstrong, No. 4:22-CV-04847-JST (N.D. Cal. May 24, 2023)05/24/2023
Court granted defendant’s motion to compel arbitration pursuant to the New York Convention, finding defendants had not waived their right to arbitration by participating in state court litigation on the merits, because defendants previously lacked knowledge of a right to arbitrate. Court also found the relationship between the parties justified equitably estopping plaintiff from repudiating the arbitration clause and required plaintiff to arbitrate its claims.
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Commissions Import Export S.A. v. Republic of the Congo and Ecree LLC, 19-MC-00195-KPF (S.D.N.Y. May 23, 2023)05/23/2023
Court granted the Republic of the Congo’s (“Republic”) motion to dismiss a petition for the turnover of property brought by judgment creditors premised on two arbitration awards. Court reasoned that it did not have ancillary jurisdiction over the case because the judgment creditors did not sufficiently allege that the Republic fraudulently conveyed the property in question in order to avoid the judgments. Court found further that dismissal was appropriate because the at-issue property was immune from execution under the Foreign Sovereign Immunity Act.
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Green Enterprises, LLC v. Hiscox Syndicates Limited at Lloyd’s of London, No. 21-1542 (1st Cir. May 19, 2023)05/19/2023
Court of appeals upheld the district court’s grant of a motion to compel arbitration, holding that the New York Convention limits the applicability of a Puerto Rican state law that “renders unenforceable any provision in an insurance policy that would channel the resolution of a coverage dispute to a forum other than the courts.” Court of appeals reasoned that Article II(3) of the New York Convention is self-executing based on the plain text and the treaty’s ratification history, and it therefore preempts the Puerto Rican law. Court of appeals also determined that the at-issue arbitration agreement was not “incapable of being performed” on public policy grounds.
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Stephenson v. Rackspace Technology, Inc., 22-CV-01296-XR (W.D. Tex. May 18, 2023)05/18/2023
Court granted defendant’s motion to compel individual arbitration and dismiss the consolidated, putative class action cases arising from a cybersecurity incident. Court found that the arbitration agreement was enforceable because plaintiffs continued use of defendant’s services was sufficient evidence of an intent to be bound by the terms of the agreement, and the contract was not the result of economic duress, was not unconscionable or illusory, and did not preclude injunctive relief, and because an arbitration forum would not be prohibitively costly. Court also held that any questions concerning the arbitrability of the claims are reserved for the arbitrator.
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Bright v. Brookdale Senior Living, Inc., No. 3:19-CV-00374 (M.D. Tenn. May 18, 202305/18/2023
Court denied defendant’s motion to compel arbitration, finding a power of attorney did not authorize the plaintiff to waive a trial by jury, so it did not authorize plaintiff to agree to binding arbitration.
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Ishwar Krupa, LLC v. Independent Specialty Insurance Company, 2:22-CV-03240-EEF-DPC (E.D. La. May 17, 2023)02/08/2023
Court denied plaintiff’s motion for certification of interlocutory appeal from the court’s order granting defendants’ motion to compel arbitration, finding there was no controlling question of law for which there is a substantial ground for difference of opinion as to the legal principle upon which the court relied in requiring arbitration.
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Valores Munidales, S.L. v. Bolivarian Republic of Venezuela, No. 19-CV-00046-ACR-RMM (D.D.C. May 15, 202302/06/2023
Court granted, without objection, Venezuela’s motion to set aside default judgment and granted petitioners’ motion for summary judgment to confirm an ICSID arbitration award issued against Venezuela. Court found that the ICSID annulment committee did not violate Venezuela’s right to be heard by declining to recognize a representative of the Guaidó government in the annulment proceedings and therefore, no due process violation occurred. Court further found that in enforcing the award, it was not recognizing any regime as the current official government of Venezuela.
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T.T. International Co., LTD. v. BMP International, Inc., No. 22-CV-01876-WFJ-JSS (M.D. Fla. May 15, 202305/15/2023
Court denied defendants’ motion to dismiss and to compel arbitration, finding that defendants waived any right to arbitration that they might have had under the agreement at issue by waiting until judgment had been entered in a related action and participating in three years of litigation prior to seeking to compel arbitration.
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Generali España de Seguros y Reaseguros, S.A. v. Speedier Shipping, Inc., No. 22-1150 (2d Cir. May 11, 2023)05/11/2023
Court of appeals affirmed order enforcing two foreign arbitration awards in favor of petitioner-appellee pursuant to the New York Convention. Court of appeals rejected appellant’s arguments that it was not a party to the governing agreement and that the arbitration violated appellant’s due process rights.
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Bach v. The Andersons, Inc., No. 5:22-CV-00226-KKC (E.D. Ky. May 8, 2023)05/08/2023
Court granted defendant’s motion to compel arbitration pursuant to the FAA in a breach of contract action, finding that the parties had a valid agreement to arbitrate and the dispute fell within the scope of arbitration. Court stayed the case pending arbitration.
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Republic of Guatemala v. IC Power Asia Development LTD., No. 22-CV-00394-CM-JW (S.D.N.Y. May 5, 2023)05/05/2023
Court granted petitioner’s motion to compel post-judgment discovery requests in connection with an arbitration award recognized pursuant to the FAA and the New York Convention. Court found that documents requested by petitioner clearly fell within the wide range of permitted post-judgment discovery, as they related to the assets and liabilities of the judgment creditor. Court also granted petitioner’s request for reasonable attorney’s fees and costs incurred in making the motion to compel pursuant to Rule 37 of the Federal Rules of Civil Procedure.
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Alacrity Solutions Group, LLC v. Louisiana Citizens Property Insurance Company, No. 23-CV-0074-SDD-EWD (M.D. La. May 4, 2023)05/04/2023
Court granted petition to compel arbitration, finding that parties had a valid agreement to arbitrate and the dispute fell within the scope of the arbitration agreement. Court rejected respondent’s argument that the arbitration provision was invalidated under Louisiana insurance law, finding that the agreement in question was not an insurance contract but a services contract relating to insurance.
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MSK Covertech, Inc. v. Fevisa Industrial, S.A. de C.V., No. 23-CV-00741-DMS-MSB (S.D. Cal. May 4, 2023)05/04/2023
Court denied requests to file under seal petition to confirm foreign arbitration award and ex parte application for preliminary relief, finding that plaintiff articulated no compelling reason to justify sealing the filings. Court rejected plaintiff’s conclusory argument that the filings should be sealed as they contain information that defendant alleged or may allege constitutes trade secret and proprietary information, because to overcome the strong presumption in favor of access, plaintiff must specify the trade secrets and proprietary information contained within the filings and articulate how their public disclosure might harm a litigant’s competitive standing.
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DotC United, Inc. v. Google Asia Pacific Pte. Ltd., No. 22-CV-04990-JSC (N.D. Cal. May 1, 2023)05/01/2023
Court found that, where the parties did not agree to submit the arbitrability question to arbitration, the standard of review of an arbitration panel’s jurisdictional finding is “independent review” and not clear error, without deference to the panel’s findings. In addition, court found that federal substantive law governed the arbitrability question in this action brought under the New York Convention given the need for uniformity in the application of international arbitration agreements. Court further found that the Federal Rules of Evidence governed the court’s determination of arbitrability.
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The Pointe on Westshore, LLC v. Certain Underwriters of Lloyd’s London, No. 22-CV-02478-KKM-SPF (M.D. Fla. Apr. 27, 2023)04/27/2023
Court granted motion to compel arbitration, finding that the requirements of the New York Convention were satisfied and that service-of-suit clause amendments did not repeal the arbitration agreement between the parties. Court also held that plaintiff’s request for preliminary relief prohibiting defendants from appointing arbitrator was not before the court because plaintiff never moved for a preliminary injunction, and even if it was, the court would deny it because plaintiff was unlikely to succeed on the merits.
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Polska Fundacja Narodowa v. Athlete Benefits Group, LLC, No. 22-CV-05725-LGS (S.D.N.Y. Apr. 21, 2023)04/21/2023
Court confirmed a foreign arbitral award, finding respondents did not meet their burden of proving any defenses to enforcement under Art. V of the New York Convention. Court found respondents failed to show that the signatures of the engagement agreement were altered, that petitioner’s action was untimely, that petitioner executed a settlement agreement, that the arbitrator was unqualified, or that the COVID-19 pandemic impacted service.
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Amadeaus IT Group, S.A. v. Ebix, Inc., No. 1:22-CV-04109-SEG (N.D. Ga. Apr. 18, 2023)04/18/2023
Court granted respondent’s motion to set aside a default judgment, holding that: respondent did not willfully default; petitioner would not suffer any prejudice from respondent’s failure to timely respond to a summons and rejected petitioner’s argument that respondent had unlawfully retained approximately $15 million of its money deriving from an arbitral award for more than three years; and respondent had potentially meritorious defenses to the underlying substantive claims, which were premised on contentions that the arbitrators exceeded their authority under ICC rules, and the award exceeded the scope of the arbitration agreement under the New York Convention.
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Iraq Telecom Limited v. IBL Bank S.A.L., No. 22-832 (2d Cir. Apr. 17, 2023)04/17/2023
Court of appeals affirmed district court’s order denying petition to stay enforcement of arbitral award pursuant to the New York Convention, finding that the district court did not abuse its discretion by denying petitioner’s motion despite an ongoing annulment proceeding in Lebanon.
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Corporación AIC, SA v. Hidroeléctrica Santa Rita S.A., No. 20-13039 (11th Cir. April 13, 2023)04/13/2023
Court of appeals sitting en banc vacated and remanded district court’s determination that it could not vacate an arbitration award on the grounds that the tribunal exceeded its powers pursuant to Chapter 1 of the FAA, because the grounds for vacatur are limited to those in Article V of the New York Convention under Eleventh Circuit precedent. Court of appeals overruled its prior precedent and held that in a New York Convention case, where the arbitration is seated in the US or where US law governs the conduct of the arbitration, Chapter 1 of the FAA provides the grounds for vacatur of an arbitration award.