Judge Shira Scheindlin
The parties’ arbitration before the International Centre for Dispute Resolution arose from their 2009 agreement for the exchange of common stock. Maxray Optical eventually appeared at a scheduling conference. On July 16, 2013, the arbitral panel awarded Max Great a “Partial Final Award” of $87,206 in sanctions and costs. On Aug. 2 it granted Max Great’s request to dismiss arbitration, with prejudice, and issued a final $102,160 award incorporating the Partial Final Award and $14,953 representing 50 percent of subsequent fees and costs. The court granted Max Great’s unopposed motion to confirm its arbitral award against Maxray Optical. Max Great showed there was no question of material fact. Maxray Optical neither offered opposition nor raised factual questions. Secondly, the arbitral panel justified its conclusion as to the Partial Final Award by finding that Maxray Optical either totally failed to comply with schedules and deadlines set by the panel or provided such belated, minimal participation and cooperation as to effectively obstruct the preparation of the case for hearing. The panel also explained at length its rationale for awarding the partial Final Award amount, rather than Max Great’s “overstated” request for $291,132.
