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The Kentucky Court of Appeals held that a trial court improperly dismissed a petition to confirm an arbitration award where documents requested by the court were produced within the allotted time.
In NCO Portfolio Management, Inc. v. Riley, No. 2005-CA-002099-MR, 2006 WL 3751345 (Ky. Ct. App. Dec. 22, 2006), NCO filed a petition to confirm an arbitration award in its favor. The trial court issued an order directing NCO to produce two documents – a copy of the arbitration agreement and a copy of the notice of arbitration sent to Riley – within an allotted time.
The trial court subsequently dismissed the petition on the ground that NCO did not file the requested documents. However, NCO had filed the documents within the allotted time. On appeal, the Court held that the trial court abused its discretion by dismissing the petition because NCO had complied with the order to produce the arbitration agreement and notice of arbitration.
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