Stephen L. Messersmith, Inc. v. Barclay Townhouse Associates

COLE, Judge.

In this case we shall determine the proper standard of review when a party to an arbitration proceeding moves to vacate the arbitration panel’s award, claiming that because the parties never agreed to arbitrate, the panel lacked jurisdiction to decide the dispute. Specifically, we must decide whether the circuit court was correct in deferring to the arbitrators’ decision to assert jurisdiction unless it was “completely irrational.” In addition, we shall address the meaning of a de novo review, and lastly, whether the right to such a review was waived by proceeding by cross-motions…