Eighth Circuit: J.B. Hunt Transport, Inc. v. BNSF Railway Company

 

Arbitration party's pre-confirmation suit sought declatory judgment as to a specific finding and specific performance as to a specific term, rather than enforcement of the award generally, and therefore wasn't untimely.

Suit wasn't moot due to the expected confirmation of the award, since it would give the plaintiff something beyond the confirmation.

The request for specific performance, however, would constitute a modification of the award contrary to the arbitration statute.

Award's definition of certain terms was exclusive, given the clear decision and the lack of language indicating otherwise in the award.

Where the terms of the Award are ambiguous as to which rates the competitor must disclose to its JSA partner, a fair resolution looks to those rates that are most relevant to the substance of the JSA.


http://media.ca8.uscourts.gov/opndir/21/08/202679P.pdf