Legal Question in Real Estate Law in Oregon
We used an arbitrator in a property dispute - his decision was to be binding. The arbitrator wrote a letter with his decision January 1, setting the property line. The letter was provided to all parties through their respective attorney. Clarification was needed on some points and questions were sent to the arbitrator by both parties attorney. The clarification letter from one attorney had his "opinions" included. The arbitrator sent a second decision letter to all parties through their attorney one month after his first decision letter. The second Arbitration letter received moved the property line again. Can an Arbitrator totally revise his first decision a month later?
1 Answer from Attorneys
It depends on the arbitration agreement you entered into. Does the agreement require the arbitrator to issue a single final decision? Does it allow either party to ask for reconsideration or rehearing or amendment of the decision?
Many arbitration agreements incorporate rules of the American Arbitration Association. Its rules typically provide for no substantive changes to an artibrator's decision, once it is issued. The rules for real estate disputes state:
48. Correction of AwardSo there is a good chance that the rules for your arbitration do not allow the arbitrator to issue a second decision letter, except to correct typos or math errors.
Within 20 days after the transmittal of an award, any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical, or computational error in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided.
The other parties shall be given ten days to respond to the request. The arbitrator shall dispose of the request within twenty days after transmittal by the AAA to the arbitrator of the request and any response thereto.
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