Plaintiff-Appellant MBNA America Bank, N.A. (“MBNA”) appeals from the trial court’s order denying and dismissing with prejudice its application to confirm an arbitration award against Defendant-Appellee Aaron Kay. MBNA presents several issues for our review; however, the following issue is dispositive: Whether the trial court erred by dismissing, with prejudice, MBNA’s application to confirm the arbitration award.
Conclusion (slip op. at 7): The trial court did not err by dismissing MBNA’s application to confirm the arbitration award. Once Kay objected to the arbitration, MBNA was required by the FAA to obtain a federal court ruling regarding the validity of the arbitration agreement. Affirmed.
Key Analysis (slip op. at 7): The FAA provided that upon Kay’s objection to the arbitration, MBNA was required to petition a federal court for a determination regarding the validity of the arbitration agreement. This was not done. Instead, the NAF attempted to rule on the validity of the arbitration agreement at issue. As a result, the award MBNA sought to confirm was void, or incapable of confirmation or ratification. The trial court’s order was not erroneous to the extent that it, in essence, vacated the arbitration award.
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