Scherrer Construction Co. v. Burlington Memorial Hospital

Three issues are raised on this appeal:

1. What is the scope of judicial review of arbitration awards?

2. Did the arbitrators exceed their powers in maMng the award?

3. Is the award mutual, final and definite ?

1. Scope of review.

The grounds upon which an arbitration award may be vacated are specified in sec. 298.10, Stats. 3 The main thrust of the hospital’s argument is that the arbitrators “exceeded their powers” (sec. 298.10 (1) (d)) by miscon- strumg the construction contract, and making an award based on a legal theory unsupported by the evidence. These matters fall within the domain of the…