In Sanluis Developments, LLC v. CCP Sanluis, LLC, Case No. 06-11531 (USDC S.D.N.Y. Je. 3, 2008), the court held that under the Federal Arbitration Act, when a party moves to dismiss a motion to vacate an arbitration award, the court may, sua sponte, treat the motion to dismiss as a motion to confirm the award, and deny vacation and instead confirm the award.
This post written by Rollie Goss.