Bhatt

New Horizons Computer Learning Centers Inc. v. Bhatt

Good Law
45 F. App'x 705
United States Court of Appeals for the Ninth CircuitAugust 28, 2002No. 01-56720; D.C. No. CV-01-00622-AHSCalifornia334 words

Opinion

Lead Opinion

MEMORANDUM *

Nayan K. Bhatt and New Horizons/Raleigh, Inc. (collectively “Bhatt”) appeal the district court’s decision confirming an arbitration award and denying vacatur. The district court had jurisdiction to review the decision of the arbitrator pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 , et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

*706 The arbitrator found that New Horizons Franchising, Inc. (“New Horizons”), lawfully terminated its franchise agreement with Bhatt based on Bhatt’s unauthorized transfer of his interest in the franchise agreement. Bhatt argues that the award should be vacated because the arbitrator acted in “manifest disregard of the law” in failing to apply a contractual limitations provision that Bhatt contends barred New Horizons from terminating the franchise agreement.

“If, on its face, the award represents a plausible interpretation of the contract, judicial inquiry ceases and the award must be enforced.” Employers Insur. of Wausau v. Nat’l Union Fire Insur. o., 933 F.2d 1481 , 1486 (9th Cir.1991). The limitations provision of the franchise agreement between New Horizons and Bhatt states:

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