Myhre v. Potter

"[T]he 20-day time limitation on interposing an objection to vacate or modify an arbitration award under ORS 36.705 and ORS 36.710 is not a shield against certain purely procedural objections[.]" "[A] petition to confirm an award initiates a special statutory proceeding that does not contain a limitation on the time period, after an arbitration award, within which the petition must be filed." ORS 18.180.

Petitioner appealed from a judgment that denied his petition to confirm a contractual arbitration award against Respondent because the statute of limitations had run. On appeal, Petitioner first argued that Respondent's objection should have summarily been denied because it was not filed within 20 days of service of the petition and second that there is no statute of limitations on the proceeding because the underlying contract claim had already been resolved through arbitration. In response, Respondent argued that ORS 36.700 only applies to "substantive" objections and, since his objection was "procedural", he was not barred from bringing it. Respondent also argued that the confirmation proceeding is an action based on the underlying sales contract and is therefore governed by the six year limitation. "[T]he 20-day time limitation on interposing an objection to vacate or modify an arbitration award under ORS 36.705 and ORS 36.710 is not a shield against certain purely procedural objections[.]" "[A] petition to confirm an award initiates a special statutory proceeding that does not contain a limitation on the time period, after an arbitration award, within which the petition must be filed." ORS 18.180. The Court held that Respondent's objection was procedural in nature and therefore was not bound by the 20-day limitation. Further, the Court held that since the proceeding was merely to confirm the arbitration award, and because the statute provides no time limitation, there is no applicable statute of limitations. Reversed and remanded.