Extract to table

The Distribution Agreement provides that all disputes, claims, or controversies arising out of or relating to the Distribution Agreement shall be finally resolved by binding arbitration administered by the AAA/ICDR under its then-current rules, before a panel of three arbitrators

The Distribution Agreement provides that in any arbitration or legal proceeding to enforce or interpret the Distribution Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert fees, and costs of the proceeding from the non-prevailing party

The Federal Arbitration Act Mandates Confirmation Section 9 of the Federal Arbitration Act provides, in pertinent part: "If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title

The statute's use of the word "must" makes clear that confirmation of an arbitration award is mandatory absent a valid ground for vacatur under Section 10 or modification under Section 11

3 of the Distribution Agreement specifies that disputes shall be resolved by AAA/ICDR arbitration seated in Los Angeles, California

The petition to confirm must be filed within one year after the award is made