Cintas Corp. No. 3 v. Art Erickson Tire & Auto, Inc.

Defendant appeals, challenging the trial court’s grant of plaintiffs motion to strike the trial date and entry of judgment based on an arbitration award. Defendant contends that the trial court erred in denying his request for a trial de novo because ORS 36.425 gives defendant a statutory right to a trial de novo and defendant did not waive that right. We agree because the record does not support the trial court’s finding that the parties agreed that arbitration would be binding arbitration as provided in the renewal agreement. Accordingly, we reverse and remand. Because we reverse on that…