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Arbitration Award, Finality and appealability: Medcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc. (COA 6/26/2009)

By Michael Stevens

Medcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc.
2006-CA-002536 06/26/2009 2009 WL 1811080

Opinion by Judge Taylor; Judges Caperton and Nickell concurred.

The Court affirmed an order of the circuit court denying appellants? motions for summary judgment on counterclaims seeking confirmation of an arbitration award. The Court first held that the order was final and appealable because it did not merely deny the motions for summary judgment but also dismissed the counterclaims and thus, constituted adjudication on the merits of the counterclaims. The Court then held that the termination of the arbitration for nonpayment of fees did not constitute an arbitration award under KRS 417.120. Because no award was made by the arbitrator, appellee was not obligated to challenge the termination of the proceedings under KRS 417.160. Further, because appellee attempted to get reconsideration of the termination, it accrued no prejudice or res judicata effect legally sufficient to preclude it from filing the action seeking a judicial legal remedy.

Full post as published by Kentucky Cases on September 20, 2009 (boomark / email).