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Std. of Review: By appellate court of arbitration award

<p>An appeal of an order confirming or denying confirmation of an<br />arbitration award is specifically provided for in KRS 417.220. The circuit court's judgment confirming the respective arbitration awards made in favor of both Dr. Jacob and Bluegrass in this case did not include any fact finding by the circuit court. The judgment states the following:<br />1.    That both parties['] motion to confirm the Arbitrator's Award is granted;<br />2.    That this Court further reaffirms its previous finding that the dispute between the parties arose from a contractual agreement which the parties had agreed to arbitrate;<br />3.    That all other issues involving the scope of arbitration, the issues to be arbitrated and the parties bound by the arbitration were properly addressed by the Arbitrator;<br />4.    That the Arbitrator's opinion was supported by substantial evidence;<br />5.    That this Court hereby confirms the Arbitrator's Clarified Award and pursuant to KRS 417.170 issues a Judgment in accordance with the Arbitrator's Award and Clarified Award;<br />6.    That this Judgment is final and appealable and there is no just cause for delay;<br />7.    That this Judgment shall bear interest at the rate of 12% per annum until paid;<br />8.    That [Dr.] Jacob's objection to confirmation is overruled; and<br />9.    That [Dr.] Jacob's counterclaim is dismissed.<br />Thus, our review on appeal for errors below is limited to questions of law which are reviewed de novo. Fischer v. MBNA America Bank, N.A., 248 S.W.3d 567 (Ky.App. 2007). Accordingly, we are not bound to defer to the circuit court's application of legal principles or law, including applicable contract law, in determining whether an arbitration agreement existed in this case. Conseco Fin. Serv. Corp. v. Wilder, 47 S.W.3d 335 (Ky.App. 2001).</p> <p>JACOB (ROBERT A.)<br /> VS.<br /> DRIPCHAK (PHILIP O.), ET AL.<br /> OPINION AND ORDER AFFIRMING IN PART, REVERSING IN PART, AND REMANDING WITH DIRECTIONS<br /> TAYLOR (PRESIDING JUDGE)<br /> COMBS (CONCURS) AND NICKELL (CONCURS)<br /> <a href="http://opinions.kycourts.net/coa/2008-CA-001157.pdf" target="_self">2008-CA-001157-MR</a><br /> TO BE PUBLISHED<br /> JEFFERSON <br />COA 1/21/2011</p>

Full post as published by Kentucky Cases on January 22, 2011 (boomark / email).