Venetian Casino Resort, L.L.C. v. Lehrer McGovern Bovis, Inc.

*403 MEMORANDUM *

Venetian Casino Resort, L.L.C. (“Venetian”) appeals the district court’s order confirming an arbitration award (“Confirmation Order”) in Venetian’s dispute with Lehrer McGovern Bovis, Inc. (“Bovis”). We have jurisdiction under 9 U.S.C. § 16 (a)(1)(D), which states that “[a]n appeal may be taken from ... an order ... confirming or denying confirmation of an award or partial award.”

An arbitration award is ripe for judicial confirmation by the district court only when it is the final determination of the arbitrator. Tentative or interim awards should not be confirmed. “To allow judicial intervention prior to the final award ... would interfere with the purpose of arbitration: the speedy resolution of grievances without the time and expense of court proceedings.” Millmen Local 550 v. Wells Exterior Trim, 828 F.2d 1373, 1375 (9th Cir.1987). However, “[t]he scope of the arbitrator’s authority is limited to the issue submitted to him by the parties.” Sunshine Mining Co. v. United Steelworkers, 823 F.2d 1289, 1294 (9th Cir.1987). If the parties carve out a portion of their dispute for arbitration, the arbitration award may be confirmed when that portion is finally and…

dissenting.

I respectfully dissent.

*404 I would vacate and remand on the ground that the arbitrator’s decision was not confirmable under the Federal Arbitration Act. Although the arbitrator may have decided the question put to him, that question did not determine a claim, or liability, or damages, or grant or deny some equitable relief. (See Pacific Reinsurance Management Corp. V. Ohio Reinsurance Corp., 935 F.2d 1019 (9th Cir. 1991).) Accordingly, the district court could adopt the arbitrator’s decision, but such a determination did not “confirm” an arbitration “award” and did not give rise to an appeal as of right pursuant to 9 U.S.C. § 16 (a)(1)(D).