Does a federal court order confirming an arbitration award have the same force and effect as a final judgment on the merits?

MultiRegion, United States of America

The following excerpt is from NTCH-Wa, Inc. v. Zte Corp., 921 F.3d 1175 (9th Cir. 2019):

Because a federal-court order confirming an arbitration award has "the same force and effect" as a final judgment on the merits, 9 U.S.C. 13, and because we determine the preclusive effect of a prior federal diversity judgment by reference to the law of the state where the rendering court sat, we hold that when a federal court sitting in diversity confirms an arbitration award, the preclusion law of the state where that court sits determines the preclusive effect of the arbitral award. Such a rule properly mirrors the rule that applies when a federal court is asked to give preclusive effect to an arbitration award that has been confirmed by a state court. See Caldeira v. Cty. of Kauai , 866 F.2d 1175, 1178 (9th Cir. 1989) ("The state

[921 F.3d 1181]

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