“Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation”

Valerie Sanders of Eversheds has this article in Lexology discussing the Eleventh Circuit’s interesting decision in McLaurin v. Terminix International Co. in which, as Ms. Sanders’ article notes, the court addressed the question of “what happens when a motion to confirm is filed early, before the three months to file a motion to vacate has run?” As the court held, while prudent practice suggests that a court should “issue an order that sets simultaneous deadlines for a losing party to file an opposition to the motion to confirm, if any, and to file a separate motion to vacate, modify, or correct, if any,” a party disappointed with an arbitration award is not always entitled to receive the three months provided by the FAA to move to vacate. Instead, if the victorious arbitration party promptly moves to confirm the award, the disappointed party’s timetable will be dictated by the deadline for responding to the confirmation motion. This creates a potential trap for the unwary.