MBNA America Bank, N.A. v. Rogers

OPINION ON REHEARING

BAILEY, Judge.

MBNA appealed the dismissal of its complaint seeking judgment upon an arbitration award against Thomas W. Rogers, issued on December 11, 2003, in the amount of $28,892.36. MBNA did not seek confirmation of the arbitrator's award within the one-year time period referenced in 9 U.S.C. § 9, which 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…