O'Malley v. Wilder

The appellants appeal from an order of the circuit court denying their exceptions to an arbitrator’s decision and entering a judgment against them for the amount of the arbitration award. The issue is whether the arbitration award should be resubmitted to the arbitrator due to his failure to make a "mutual, final and definite award upon the subject matter submitted.” ORS 33.320(4). We reverse and remand to the circuit court with instructions to resubmit the matter of the arbitrator to decide all of the issues submitted.

This dispute arises out of a contract between the appellants (owners) and…