McKeown v. McKeown

Arbitrators are authorized to decide the law and the facts submitted. Brewer v. Allstate Insurance. Co., 248 Or 558, 561, 436 P2d 547 (1968). Perceived procedural errors during arbitration are not grounds to vacate an award under ORS 36.705(1)(d). Id. at 562.

Appellant appealed a general judgment in favor of her brother confirming an arbitration award that determined that Appellant was “no longer a general partner” in a family Limited Partnership.  Brother had filed a motion with the court to remove his sisters, including Appellant, from the partnership due to the sisters’ failure to fulfill their duties as general partners.  In arbitration, sisters filed a motion for summary judgment and brother filed a cross-motion for summary judgment.  The arbitrator ruled in favor of brother, as did the circuit court.  On appeal, Appellant argued that the arbitrator exceeded her powers by resolving fact-based issues and violated procedure by failing to hold a second prehearing teleconference.  In response, brother argued that the arbitrator was authorized by the partnership agreement’s broad arbitration clause to resolve the claims. Arbitrators are authorized to decide the law and the facts submitted.  Brewer v. Allstate Insurance. Co., 248 Or 558, 561, 436 P2d 547 (1968).  Perceived procedural errors during arbitration are not grounds to vacate an award under ORS 36.705(1)(d).  Id. at 562.  The Court found that the broad arbitration clause in the partnership agreement permitted the arbitrator’s decision.  The Court held that the trial court did not err in confirming the arbitrator’s decision.  Affirmed.