UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK A Re me HR A x TRUSTEES OF THE MASON TENDERS DISTRCIT COUNCIL WELFARE FUND, PENSION FUND, ANNUITY FUND AND TRAINING PROGRAM FUND ET AL., : :22-ev-224 Petitioner, : 1:22-cvy-2247 (ALC) ORDER -against- ‘ HI-TEK BUILDING RENOVATION INC., Respondent. eee ANDREW L. CARTER, JR., United States District Judge: Trustees (“Petitioner”) bring this Petition under the Federal Arbitration Act (“FAA”),

ef seq., to confirm an arbitration award (the “Award”) against Respondent, Hi-Tek. See generally ECF No. 1 (“Petition” or “Pet.”). Respondent did not oppose the petition. The

Court considers the petition unopposed. For the reasons stated below, the Petition is GRANTED. LEGAL STANDARD Arbitration awards are not self-enforcing; they must “be given force and effect by being converted to judicial orders.” D.H. Blair & Co. v. Gottdiener,

(2d Cir. 2006).

Under the FAA, any party to an arbitration proceeding can apply for a judicial decree confirming

the award. See

. A court must confirm the award unless it “was procured by corruption, fraud, or undue means;” there existed “evident partiality or corruption in the

arbitrator;” the arbitrator exhibited “misconduct” that “prejudiced” a party; the arbitrator

“exceeded [her] powers;” or there was “an evident material miscalculation of figures or an

evident material mistake in the description of any person, thing, or property referred to in the

award.” Jd. §§ 10-11.

“Tt is well established that courts must grant an farbitrator’s] decision great deference.”

Duferco Int’l Steel Trading v. T. Klaveness Shipping A/S,

(2d Cir. 2003).

Confirmation of an arbitration award is, therefore, generally “a summary proceeding that merely

makes what is already a final arbitration award a judgment of the court.” D.H. Blair,

(citation omitted). “(The showing required to avoid confirmation is very high.”

Indeed,

arbitrator’s rationale for an award need not be explained, and the award should be

confirmed if a ground for the arbitrator’s decision can be inferred from the facts of the case. Only

a barely colorable justification for the outcome reached by the arbitrator ... is necessary to

confirm the award.” Jd. (quotation marks and citations omitted). “[A| district court should treat an unanswered ... petition to (confirm an arbitration

award] as an unopposed motion for summary judgment.” Jd. Summary judgment is appropriate

when the record shows that there is no genuine dispute of material fact and the moving party is

entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a); Celotex Corp. ¥. Catrett, 477 US.

317, 322-23 (1986). A court must consider all evidence in the light most favorable to the

nonmoving party. Overton v. N.Y. State Div. of Mil. & Naval Affs.,

, 89 (2d Cir. 2004).

A court must “resolve all ambiguities and draw all permissible factual inferences in favor of the

party against whom summary judgment is sought.” See. Ins. Co. of Hartford v. Old Dominion

Freight Line, Inc.,

(2d Cir. 2004). DISCUSSION Trustees argue that it they are entitled to confirmation of the Award. See Petition. The

Court agrees. Trustees have carried their burden to demonstrate that there is no genuine dispute

of material fact regarding the validity of the arbitration award. The Award provides far more than

a “barely colorable justification for the outcome reached.” D.H. Blair,

(citation omitted). The Court also finds that none of the reasons for vacating or modifying the award

under

or § 11 apply. “It is also clear that the parties’ agreement compelled them to

arbitrate disputes arising out of their relationship.” Coinbase, Inc. v. Sherrer, No. 24 CIV. 7427

(AT),

, at *2 (S.D.N.Y. Nov. 25, 2024). Accordingly, the Court confirms the

Award. CONCLUSION For the foregoing reasons, the Petition to confirm the Award is GRANTED. The Clerk of

Court is respectfully directed to enter judgment in favor of Petitioner and to close the case.

SO ORDERED. Dated: March 31, 2025 ( New York, New York LI ANDREW L. CARTER, JR. United States District Judge