Jules v. Andre Balazs Properties · ¶25

Jules notes that, unlike dismissal based on an affrmative defense, a § 9 motion goes further and asks a court to convert an arbitral award into a judgment of the court. See § 13 (stating that an order confrming an arbitral award has the “same force and effect” as a judgment in a federal action). That is correct, but this Court has held that federal courts have the power to incorporate private settlements into orders of the court when resolving claims that are the subject of those settlements. In Kokkonen v. Guardian Life Ins. Co. of America, 511 U. S. 375 (1994), for example, the Court made clear that a federal “court is authorized to embody [a] settlement contract in its dismissal order” and later “enforc[e]” that “settlement agreement.” Id., at 381–382. Similarly, the Court has recognized federal courts' jurisdiction to embody contracts “arrived at by negotiation between the parties”…

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