Confirming the Award

AuthorDavid A. Allgeyer
Pages109-113
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
CHAPTER 17

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