Yahoo! Inc. v. Microsoft Corporation
| Yahoo! Inc. |
| Microsoft Corporation |
| 1:2013cv07237 |
| October 15, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert P. Patterson |
| Other Contract |
| 09 U.S.C. ยง 12 |
| None |
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Filing
26
OPINION AND ORDER: Yahoo did not meet the heavy burden required to show that the Emergency Arbitrator exceeded his authority under 10 U.S.C. § 10(a)(4). See ReliaStar, 564 F.3d at 86 (If the parties agreed to submit an issue for arbitration, we will uphold a challenged award as long as the arbitrator offers a barely colorable justification for the outcome reached.) Yahoo similarly did not present sufficient evidence to show that that this Award was one of the exceedingly rare instances wher e an arbitrator manifestly disregards the law. See T.Co Metals, 592 F.3d at 340. Therefore, upon a review of the Award and upon due consideration of the arguments made by both parties, Yahoos motion to vacate must be denied. Finally, given that the p etition to vacate the Award is without merit and given the interest in enforcement of the equitable award made by the Arbitrator, the arbitration award should be confirmed. See 9 U.S.C. § 9 (a court must grant such an order [confirming an arbitr ation award] unless the award is vacated, modified, or corrected). Therefore, Yahoos motion to vacate the arbitration award is DENIED. Microsofts cross-petition to confirm the arbitration award is GRANTED. SO ORDERED. (Signed by Judge Robert P. Patterson on 10/21/2013) (ama)
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