Background
Bria Macklin and Discover Bank were parties to a credit card agreement requiring arbitration before the American Arbitration Association under the Federal Arbitration Act. Macklin initiated arbitration in 2024, alleging that Discover had failed to accept her payment. Discover counterclaimed for her unpaid credit card balance.
The arbitrator found Macklin liable for the $5,771.32 balance and later entered a final award totaling $26,621.07, including attorney’s fees and arbitration costs. After Discover merged into Capital One, Capital One petitioned the Cook County circuit court to confirm the award. Macklin opposed confirmation and challenged the underlying arbitration agreement, but the circuit court concluded that her objections were untimely and confirmed the award.
The Court’s Holding
The appellate court affirmed. Under the FAA, Macklin had 90 days after the November 20, 2024 final award to give notice of a request to vacate, modify, or correct it. Because she did not do so within that period, the circuit court was required to confirm the award.
The court rejected Macklin’s argument that the circuit court first had to determine whether the arbitration agreement was valid. Unlike the party resisting arbitration in AT&T Technologies, Macklin herself initiated the arbitration and did not challenge the agreement before the award was entered. Her later attack on the arbitration clause, first raised while opposing confirmation, was untimely and waived.
The court declined to address Macklin’s additional assertions about the sufficiency of Capital One’s petition and unmet statutory prerequisites because she did not adequately develop those arguments on appeal.
Key Takeaways
- Under the FAA, notice of a request to vacate, modify, or correct an arbitration award must be given within 90 days after the award is filed or delivered.
- A party cannot evade that deadline by presenting a belated attack on the award as a defense to a petition for confirmation.
- A party who initiates arbitration and waits until after an adverse award to challenge the arbitration agreement may waive that challenge.
Why It Matters
The order underscores the strict procedural limits governing challenges to arbitration awards. Once the FAA’s 90-day period expires without a proper challenge, a court considering confirmation has little discretion and must confirm the award absent a timely basis for vacatur, modification, or correction.
For litigants and counsel, the decision also highlights the risk of participating in arbitration without timely preserving objections to the arbitration agreement. Arguments first raised in response to a confirmation petition may come too late.