You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

BBF, INC. v. Alstom Power, Inc.

Citations: 645 S.E.2d 467; 274 Va. 326; 2007 Va. LEXIS 81Docket: Record 061317.

Court: Supreme Court of Virginia; June 8, 2007; Virginia; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by BBF, Inc. against a trial court's decision not to vacate an arbitration award favoring Alstom Power, Inc. The dispute arose from liquidated damages related to air-cooled condensers supplied by BBF for Alstom U.S. designed power plants. Despite BBF's argument that the arbitrators exceeded their authority by awarding damages without actual damages being suffered, the trial court affirmed the award. BBF contended that, under Virginia law, liquidated damages require actual damages and that the award violated public policy. The court emphasized that review of arbitration awards is limited to statutory criteria under Virginia's Uniform Arbitration Act, which does not include the alleged misapplication of law or public policy as grounds for vacating awards. The court further noted that arbitrators did not exceed their powers as the parties' agreement allowed them to resolve such disputes and award liquidated damages. Consequently, the trial court's decision was upheld, affirming the arbitrators' authority and the validity of the arbitration process under the existing legal framework.

Legal Issues Addressed

Arbitration Award Confirmation

Application: The court upheld the arbitration award, finding that the arbitrators acted within their authority despite BBF's claims regarding misapplication of law and public policy concerns.

Reasoning: The trial court upheld the arbitration award, concluding the arbitrators operated within their authority despite potentially misapplying Virginia law regarding damages.

Authority of Arbitrators under Virginia's Uniform Arbitration Act

Application: The court emphasized that the scope of review is limited to whether arbitrators acted within their conferred powers as outlined in the parties' agreement.

Reasoning: The court emphasizes that its review of arbitration awards is confined to the statutory criteria outlined in Virginia's Uniform Arbitration Act, which provides specific grounds for vacating such awards.

Criteria for Vacating Arbitration Awards

Application: The court reiterated that awards could only be vacated on specific statutory grounds such as corruption, fraud, evident partiality, or exceeding authority.

Reasoning: Awards can be vacated if: 1) obtained through corruption, fraud, or undue means; 2) there is evident partiality or misconduct by arbitrators; 3) arbitrators exceed their powers; 4) arbitrators refuse to postpone hearings or to hear relevant evidence, causing substantial prejudice; or 5) no arbitration agreement exists.

Public Policy and Liquidated Damages

Application: The court found that BBF's argument that the award violated public policy did not constitute a statutory ground for vacating the arbitration award.

Reasoning: The court concludes that BBF's claim regarding public policy does not provide a valid basis for vacating the award.