Chapter 20 - § 20.9 • RELIEF ACCORDED BY APPELLATE COURTS

• Jurisdiction: Colorado

§ 20.9 • RELIEF ACCORDED BY APPELLATE COURTS

§ 20.9.1—FAA

Of course, the appellate court can affirm a trial court order. The appellate court probably can reverse the trial court's order and

• Direct reconsideration by the district court in accordance with the appellate court order;
• Direct entry of a judgment, e.g., reversing the district court vacation or modification/correction of award and directing confirmation of the arbitrator's award;
• Remand and direct the district court to modify the arbitration award and confirm the award as modified;¹³⁷ and
• Vacate confirmation of an award and direct vacation of the award.

See also § 19.3.3.

The provision of FAA § 16(a)(1)(A) allowing an appeal of an order "refusing a stay of any action under section 3" is relatively absolute. The underlying merits of the issue are irrelevant — even if frivolous.¹³⁸

Attorney fees can be awarded under 28 U.S.C. § 1921 for frivolous appeals of confirmation of an arbitration award.¹³⁹

§ 20.9.2—CRUAA

The appellate court can award the prevailing party attorney fees and costs of the appeal:¹⁴⁰

1) Pursuant to C.R.S. § 13-22-225(2);
2) Pursuant to the arbitration award ("If [Defendants] fail to pay this award [Plaintiff] shall also be entitled to recover from [Defendants] any further reasonable costs that [Plaintiff] incurs in collection. . . .");
3) Pursuant to the arbitration clause if it so provides; or
4) Pursuant to C.A.R. 39 and 39.5.

§ 20.9.3—Sanctions

The Eleventh Circuit indicated a willingness to impose sanctions on parties who undermine the efficiency gains of arbitration by raising frivolous challenges to arbitration proceedings and awards.¹⁴¹ The Sixth Circuit approved $1,822 in sanctions imposed on an attorney who disregarded an order to arbitrate by failing to conduct discovery, seeking the arbitrator's removal, and refusing to participate in scheduled conferences and hearings. The sanction reimbursed the respondent for attorney fees incurred by reason of the claimant's attorney's wrongful actions and inactions.¹⁴²

See also Chapter 11.

§ 20.9.4—Frivilous Appeals

See §§ 9.7.5, 14.7, 16.6.9, and 17.7.

§ 20.9.5—Remand And New Arbitration

See § 17.6.

§ 20.9.6—Costs And Attorney Fees

See § 18.5.

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Notes:

^[137] See Atlantic Aviation, Inc., 11 F.3d at 1216.

^[138] Arthur Andersen LLP, 556 U.S. at 628-29.

^[139] DMA Int'l, Inc. v. Qwest Commc'ns Int'l, Inc., 585 F.3d 1341 (10th Cir. 2009).

^[140] Harper Hofer & Assocs., LLC v. Nw Direct Mktg., Inc., ...