Court Has Jurisdiction to Confirm Award in Absence of Express Consent, N.Y. Federal Judge Rules

NEW YORK — In the absence of a contractual provision agreeing to judicial confirmation of an arbitration award, certain language in the parties’ arbitration provision, coupled with their actions, may provide some support for an alternate basis for confirmation, a New York federal judge has ruled.

On June 11, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York concluded that he has jurisdiction to confirm an arbitration award because the parties fully participated in the arbitration process and their arbitration provision stated that any award “shall be final, conclusive and binding."

In …