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A federal court in West Virginia confirmed an arbitration award because the party that was ordered to pay damages did not bring a motion to vacate, modify or correct the award and indicated that it would pay the award.
In Mid-State Surety Corp. v. Thrasher Engineering, Inc., No. 2:04-0813, 2007 WL 314170 (S.D. W.Va. Jan. 30, 2007), Mid-State brought an action against Thrasher, Diversified Enterprise, and Fidelity Insurance.
Mid-State and Diversified agreed to resolve their dispute in arbitration, and the arbitrator issued an award in Mid-State's favor. The award required Diversified to pay the award amount within 30 days or pay post-award interest of 10 percent per annum.
Because Diversified indicated that it would pay the award and did not ask the court to vacate, modify or correct the award, and because Mid-State filed a timely motion to confirm in a court of competent jurisdiction, the Court confirmed the award.
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