New York Court Refuses to Confirm Arbitration Award When Party Waited Too Long to File Petition to Confirm

A state court in New York refused to confirm an arbitration award when the petition to confirm was not filed until after the one-year period allowed by state law.

In Asset Acceptance, LLC v. Sisson, No. 2007-0026, 2007 WL 860920 (N.Y. Sup. Ct. Mar. 22, 2007), an arbitrator issued an award in Asset's favor on December 14, 2005. However, Asset did not file to confirm the award until nearly thirteen months later.

Under N.Y. C.P.L.R. Law § 7510, courts "shall" confirm arbitration awards when the petition for confirmation is made within one year of the award being issued. This Court noted that missing this statutory limitation can result in forfeiture of the arbitration award and therefore denied the petition to confirm.