ARBITRATION: FIA Card Services, N.A. v. Callahan (COA 11/13/2009)

FIA Card Services, N.A. v. Callahan
2008-CA-000732 11/13/09 2009 WL 3786143

Opinion by Judge Acree; Judges Taylor and Thompson concurred. The Court reversed and remanded an order of the circuit court denying appellant’s petition and application to confirm and enforce an arbitration award against appellee. The Court held that the trial court erred in requiring appellant to provide independent proof of an agreement to arbitrate before confirming the arbitration award. The Court distinguished the holding in Fischer v. MBNA America Bank, N.A., 248 S.W.3d 567 (Ky. App. 2007), on its facts. By the time appellant filed its petition, appellee’s opportunity to challenge the award under KRS 417.160 or KRS 417.170 had passed. Under the circumstances, the circuit court lacked the discretion to do anything other than confirm the award.