ABC International Traders, Inc. v. Fun 4 All Corp.

MEMORANDUM **

ABC International Traders, Inc., d/b/a MGA Entertainment (“MGA”), appeals from a judgment confirming an arbitration award in favor of Fun 4 All Corp. (“F4A”). We affirm.

I

A district court’s confirmation of an arbitration award is reviewed “like any other district court decision ... accepting findings of fact that are not clearly erroneous but deciding questions of law de novo.” Coutee v. Barington Capital Group, L.P., 336 F.3d 1128, 1132 (9th Cir.2003).

II

As a procedural matter, F4A contends that MGA does not have standing to pursue this appeal in light of an apparent oral agreement between the parties that the arbitrator’s award would not be appeal-able. Although the arbitration award recites that “this matter was submitted to the undersigned on a final and non-appeal-able basis,” MGA’s trial counsel disputes the existence of any such oral agreement. Given the uncertainty regarding the alleged oral agreement, we assume the parties did not waive judicial review and we address the substantive issues raised in MGA’s appeal.

III

MGA first contends that the arbitrator lacked authority to deny its post-award fraud claim under the doctrine of functus officio.…