Microwave Antenna Systems & Technology, Inc. v. Whitney-Pehl Construction Co.

A Superior Court judge declined to give effect to an arbitrator’s award ordering Whitney-Pehl Construction Co., Inc. (Whitney-Pehl), to pay Microwave Antenna Systems & Technology, Inc. (Microwave), $3,420.84. The judge stated as his reason for so deciding that the matter determined by the arbitrator had been previously litigated in a judicial proceeding. The appeal, brought by Microwave, raises the issue whether an arbitration award, otherwise properly made pursuant to a *26valid contract, may be without effect on grounds of issue preclusion as a result of an earlier judicial proceeding and, if…