Natare Corporation v. D.S.I., Duraplastec Systems, Inc., d/b/a D.S.I., Stewart J. "Jason" Mart, and Aquatic Renovation Systems, Inc.

Summary

The Indiana Supreme Court affirmed the trial court's decision upholding an arbitration award that denied Natare Corporation attorney fees after finding that D.S.I. breached a settlement agreement but that Natare proved no actual damages. The court held that the arbitrator did not exceed his authority and did not decide an issue that had not been submitted, emphasizing the limited statutory grounds for judicial review of arbitration awards under Indiana's Uniform Arbitration Act.

Holdings

1. The arbitrator did not exceed his authority because the settlement agreement permitted him to determine that the reasonable amount of attorney fees, if any, was zero; therefore, the award was not subject to vacatur under Indiana Code section 34-57-2-13(a)(3).
2. The arbitrator did not award upon a matter not submitted to him because the attorney-fee issue was submitted and the arbitrator expressly decided it; therefore, correction or modification under Indiana Code section 34-57-2-14(a)(2) was unavailable.
3. Indiana courts may set aside, modify, or correct an arbitration award only on the limited statutory grounds specified in Indiana's Uniform Arbitration Act.

Questions Presented

1. Whether the arbitrator exceeded his authority by denying Natare attorney fees under the settlement agreement, thereby permitting vacatur under Indiana Code section 34-57-2-13(a)(3).
2. Whether the arbitrator awarded upon a matter not submitted to him by deciding the attorney-fee issue before it was submitted, thereby permitting correction or modification under Indiana Code section 34-57-2-14(a)(2).

Disposition

affirmed