A Kentucky state appellate court has held that a party challenging an arbitration award cannot dispute arbitral jurisdiction for the first time at confirmation proceedings, if the statutory period for vacating the award has already passed.

In MBNA America Bank, N.A. v. Bowling, No. 2007-CA-000956-MR, 2008 WL 3547649 (Ky. Ct. App. Aug. 15, 2008), Bowling opened a credit card account with MBNA. The parties’ contract contained an arbitration agreement. After Bowling failed to make payments on the account, MBNA initiated arbitration proceedings. Bowling did not respond. The arbitrator entered an award in favor of MBNA.

More than three months after the award was issued, MBNA moved to confirm and enforce the award. Bowling opposed, disputing the existence of any agreement to arbitrate. The trial court denied the motion to confirm the award.

On appeal, the Court determined that MBNA was entitled to confirmation. According to the Court, Bowling was aware of MBNA’s request for arbitration and had failed to move to stay proceedings or otherwise object to arbitration.Ky. Rev. Stat. § 417.060. The Court noted that – after the award was issued – Bowling’s remedy was limited to filing a motion to vacate within 90 days of the award. Ky. Rev. Stat. § 417.160. Because no such motion was made, the Court found Bowling could not successfully contend for the first time at confirmation proceedings that no agreement ever existed.