Beumer Corp. v. ProEnergy Services, LLC, No. 17-2862 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's judgment confirming an arbitrator's award of attorney's fees and expenses to Beumer. The court held that the arbitrator acted within the scope of his authority and did not violate the arbitration agreement's provision when he determined that attorneys' fees were "costs" and not "loss" under Missouri law. Therefore, these costs were not subject to the limitation of liability. The court held that ProEnergy failed to demonstrate grounds to vacate the arbitration award under 9 U.S.C. 10, and denied Beumer's motion for sanctions.
Court Description: Colloton, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Arbitration. The arbitrator did not exceed his authority or violate the arbitration agreement's provision regarding controlling law when he determined that attorneys' fees were costs and not "loss" or "damages," and hence not subject to the limitation of liability provision of the agreement.
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