Did the arbitrator over step his boundaries?

Your question about arbitration may be of broad general interest to readers of this site. I have been representing clients on both sides of construction issues in Maryland and D.C. for over 20 years. Arbitration is generally favored in Maryland cases. Matters that are subject to arbitration agreements can be subject both to a Maryland arbitration act and a federal arbitration act. One or the other act, or both, could govern an appeal of your arbitration decision. Commonly, after parties agree to arbitration and commence arbitration with an arbitration company, they also enter into an agreement with that arbitration company on the nature of appeals of arbitration awards. Therefore, the terms of the arbitration agreement with the other side and the terms of the agreement with the arbitration company also can influence any appeal. The agreements can provide for just a monetary number, with no reasoning. They can provide a “reasoned award”, with some analysis. The parties can have agreed to record or transcribe the proceedings or not. Not recording/transcribing the proceedings saves money but gives no record to a reviewing court as to any facts put into the record. You could have put in compelling testimony, but if there is no record of it, no appeals court can see it. There is very limited time to file an appeal from an arbitration award. Generally, the Maryland cases indicate that they want to support the process of arbitration because it frees the trial courts from having to hear those cases. So, generally, the appeals to state or federal court can be quite limited, such as only for gross misapplication of Maryland law. Even if there is a record, the court may well leave fact determinations to the arbitrator. So, even if you have good experts, the court may not look to whether your experts were “better” than the other side’s. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response, are designed for general information only. The information presented at this site should not be construed to be and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.