Floor Solutions, LLC v. Johnson

A “court shall vacate an award made in the arbitration proceeding if [a]n arbitrator exceeded the arbitrator’s powers[.]” ORS 36.705(1)(d). A court may not disturb an arbitration award if the issues that were arbitrated were within the scope of the parties’ agreement. Seller v. Salem Womens Clinic, Inc., 154 Or App 522, 527 (1998), rev den 328 Or 40 (1998).

Plaintiff appealed the trial court’s judgment and supplemental judgment confirming an arbitration award for the defendant. Plaintiff assigned error to the trial court’s decision that, under ORS 36.705(1)(d), the arbitration panel did not exceed its powers. Plaintiff argued that the trial court “manifestly disregarded the law, and thus exceeded its power.” In response, Defendant argued that “manifestly disregarding” the law is not grounds for a conclusion that an arbitrator exceeded its powers. A “court shall vacate an award made in the arbitration proceeding if [a]n arbitrator exceeded the arbitrator’s powers[.]” ORS 36.705(1)(d). A court may not disturb an arbitration award if the issues that were arbitrated were within the scope of the parties’ agreement. Seller v. Salem Womens Clinic, Inc., 154 Or App 522, 527 (1998), rev den 328 Or 40 (1998). After conducting a statutory analysis of ORS 36.705(1)(d), the Court concluded that the statute does not include a “manifest disregard of the law” standard. Because neither party argued that the arbitrator arbitrated issues outside the scope of the parties’ agreement the Court found that the trial court could not disturb the arbitration award. Affirmed.