Finality of Awards. The Parties intend that the provisions to arbitrate set forth herein be valid, enforceable and irrevocable, and any award rendered by the arbitrators shall be final and binding on the Parties. The Parties agree to comply and cause the members of their applicable Group to comply with any award made in any such arbitration proceedings and agree to enforcement of or entry of judgment upon such award in any court of competent jurisdiction.
Finality of Awards. Petitioner next argues that the Arbitrator failed to make a “mutual, final, and definite award” as to three issues: first, that she dismissed without prejudice MHR’s claim seeking a declaratory judgment requiring Petitioner to repay certain tax advances made to him; second, that she did not fully resolve MHR’s declaratory judgment claim as to whether certain covenants in the RCA were valid and enforceable in their entirety; and third, that she failed to take into account MHR’s set-off of Petitioner’s interests in issuing her ruling on damages. Pet. Mem. at 5, 36–40. The FAA permits vacatur of an arbitration award “where the arbitrators . . .so imperfectly executed [their powers] that a mutual, final, and definite award upon the subject matter submitted was not made.” 9 U.S.C. § 10(a)(4). See also Rocket Jewelry Box x. Xxxxx Gift Packaging, Inc., 157 F.3d 174, 175 (2d Cir. 1998) (per curiam). An arbitration award is final where it “resolve[s] all issues submitted to arbitration and determine[s] each issue fully so that no further litigation is necessary to finalize the obligations of the parties.” Id. at 177 (alterations in original) (citation omitted). But an award that “finally and definitively disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration.” Metallgesellschaft A.G. v. M/V Capitan Constante, 790 F.2d 280, 283 (2d Cir. 1986). Moreover, courts have recognized a distinction between “an arbitrator’s failure . . . to dispose of the controversy submitted . . . and [her] failure . . . to consider all . . . issues of fact and law . . . . The former renders an award not final and definite and thus subject to vacatur . . . the latter amounts to a mere error of fact or law, not judicially reviewable.” Guetta x. Xxxxx Fabrics Corp., 000 X.X.X.0x 576, 579 (N.Y. App. Div. 1987). The plain language of the Awards speaks to their finality. The PFA states that it is “final with respect to the matters specifically addressed herein” and that “[a]ll claims not expressly granted, except for those claims that were determined to be not ripe for determination, or were deferred for consideration to the Final Award, are dismissed and no relief is granted on any of such claims.” PFA at 80–81 (emphasis added). The only issue “deferred for consideration” to the Final Award was the “[p]xxxxxx’ respective motions for [s]anctions.” Id. at 80. The Court finds—and Petitioner does not dispute—that t...
Finality of Awards. The decisions and awards of the Board shall be final and binding upon the parties.
