Catherine L. Wissenback v. Joseph F. Russi and Deborah E. Russi

Summary

The Oregon Court of Appeals held that a party seeking to vacate an arbitration award is not required to provide a verbatim transcript or other complete record of the arbitration proceeding. The trial court erred by denying the petition to vacate solely because no such record existed and by declining to consider the asserted statutory grounds for vacatur. The general judgment was vacated and remanded, and the supplemental attorney-fee judgment was reversed by operation of law.

Holdings

1. ORS 36.705 does not require a party seeking to vacate an arbitration award to obtain or submit a verbatim record or transcript of the arbitration proceedings.
2. The trial court erred by concluding that respondents' failure to record the arbitration proceeding precluded them from seeking vacatur.
3. The Court of Appeals declined to decide whether the trial court was required to conduct an evidentiary hearing or how respondents' evidence should be presented; those procedural matters were left to the trial court on remand.

Questions Presented

1. Whether a party seeking to vacate an arbitration award under ORS 36.705 must provide a verbatim record or transcript of the arbitration proceedings.
2. Whether the trial court erred by denying the petition to vacate solely because the arbitration proceeding was not recorded.
3. Whether the trial court was required to permit the parties to present evidence concerning the statutory grounds for vacatur or determine respondents' claim that the arbitration panel refused to consider material evidence.

Disposition

reversed_and_remanded