33. the arbitrators issued an interim award ruling in favor of the Leane Defendants on March 8, 2022,. A copy of the Interim Award is annexed hereto as Exhibit 8.2
The arbitration panel has not yet issued its final award, as it is awaiting briefing from the parties on the issue of attorneys’ fees. To avoid needless amendments, ChanBond has agreed that Leane Defendants may file this cross-claim for confirmation of the award together with their Answer and Counterclaims, and that ChanBond waives any objection that the application is premature due to the pendency of the final award. Leane Defendants have agreed that ChanBond may delay filing its response to this cross-claim until after the final award has issued.
34. At no point from Demand through the issuance of the Interim Award did either
ChanBond or Unified ever object to the jurisdiction of the AAA.
35. At no point from Demand through the issuance of the Interim Award did either
ChanBond or Unified ever object to a decision reached by the arbitrators as ultra vires.
36. At no point from Demand through the issuance of the Interim Award did either
ChanBond or Unified ever object to a decision reached by the arbitrators as unfair.
37. At no point from Demand through the issuance of the Interim Award did either
ChanBond or Unified ever object to a procedure employed by the arbitrators as either unfair or
prejudicial.
38. At no point from Demand through the issuance of the Interim Award were either
ChanBond or Unified denied a continuance.
39. At no point from Demand through the issuance of the Interim Award were either
ChanBond or Unified denied permission to call a witness.
40. At no point from Demand through the issuance of the Interim Award were either
ChanBond or Unified denied the opportunity to take discovery they requested.
41. At no point from Demand through the issuance of the Interim Award were either
ChanBond or Unified prohibited from offering into evidence any document or testimony that
they wished to include.
42. At no point did the arbitrators decide an issue that was not committed to them by
the parties.
43. The ASA and ISA each provide that this Court has jurisdiction to confirm the
arbitration award.
44. As such, Leane Defendants are entitled to an Order confirming the Arbitration
award.
