MBNA AMERICA BANK, N.A., Appellant-Plaintiff, vs. THOMAS W. ROGERS, Appellee-Defendant., 835 N.E.2d 219

Summary

The alleged debtor allegedly entered into a credit card agreement with the bank. A few years later, the bank submitted a claim concerning the credit card balance to arbitration. Thereafter, the arbitrator issued an award in favor of the bank in a specified amount. Over one year after the arbitrator issued the award, the bank filed a complaint in the trial court and sought judgment against the alleged debtor in a specified amount plus costs. The alleged debtor moved to have the complaint dismissed on the ground, inter alia, that the bank had not timely moved the trial court to confirm the arbitrator's award, according to 9 U.S.C.S. § 9, a provision of the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq. The trial court then dismissed the complaint. On appeal, the bank conceded that 9 U.S.C.S. § 9 applied. The appellate court noted that 9 U.S.C.S. § 9 contained a one-year statute of limitation for seeking confirmation of an arbitration award. Accordingly, the appellate court found that ...