Confirming the Award

• Author: David A. Allgeyer
• Pages: 109-113

109

Confirming the Award

It’s a great day. You just received the award in your latest patent

arbitration. You did very well. Most of the products are found to

be subject to royalties. It’s a pretty large amount, and it includes

interest. You tell your client.

“Great work!” he says. “Where’s the money?” What do you

tell him?

THE FIRST STEP

First, talk to your opponent. In many cases, once there is a final

award of money, the other side pays it. Given the limited nature of

review or arbitral awards—unless the parties have agreed to an

appeal procedure—there usually is no reason to spend time and

money on further disputes. The parties chose arbitration to save

time and money. They may think it’s time to settle up and move on.

What if your opponent doesn’t see it that way, or if the

award involves some sort of injunction you may need to enforce

one day? Arbitrators don’t have contempt powers, sheriffs, or

marshals to enforce things. For that you need a judge.

THE RIGHT STATUTE

Figure out first what statute governs. There are two possibil-

ities: the Federal Arbitration Act (FAA) or a state arbitration

statute. The FAA generally preempts state law in cases involving

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