Medi-Soft, Inc. v. Royco, Inc.

Good Law
21 F. App'x 570
United States Court of Appeals for the Ninth CircuitJune 15, 2001No. 99-17039; D.C. No. CV-99—02673-MMCCalifornia1,255 words

Opinion

Lead Opinion

MEMORANDUM *

Medi-Soft, Inc. (“Medi-Soft”) licensed its medical software to Royco, d/b/a ESRD (“ESRD”) for use in ESRD’s laboratory analysis, pursuant to a series of agreements that provided for final and binding arbitration of all contract-related disputes. When several disputes arose, Medi-Soft and ESRD submitted them to a three-judge arbitration panel, which found that both parties had breached their contractual obligations, that neither was a prevailing party, and that Medi-Soft was to pay ESRD net damages of approximately $45,000. Medi-Soft appealed the arbitrators’ award to the district court, which confirmed the ruling and granted post-arbitration attorney fees to ESRD. MediSoft now challenges the district court’s denial of its petition to vacate or correct the arbitrators’ award. Medi-Soft also challenges the district court’s award of post-arbitration fees. We AFFIRM.

Discussion

A. Rule of arbitral finality

The parties in this case submitted their dispute to an arbitrator pursuant to their written agreements. In cases involving private arbitration, “[t]he powers of an arbitrator are limited by the agreement or stipulation of submission.” Moncharsh v. Heily & Blase, 3…

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