Estate of Sandefur v. Greenway

LOWENSTEIN, Judge.

In this appeal from a circuit court decision asking to confirm an arbitration award in favor of a customer against her stockbroker, under § 435.400, RSMo 1994 (all further statutory references will be to the Revised Statutes of 1994), there are two issues presented: 1) may the courts vacate an arbitration award on a mistake of law theory because the arbitrators failed to grant a set-off of the damages as allowed by statute, (§ 537.060), for dollars received from a joint wrongdoer?; and 2) may arbitrators award punitive damages where the arbitration contract between the…